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(영문) 의정부지방법원고양지원 2019.01.18 2018가합72621

기타(금전)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 19, 201, the Defendants, in marital relations, contracted to the Plaintiff on September 19, 201, the construction cost for the “Building Construction of the E Building” on the D ground (hereinafter “instant construction work”) located in Suwon-gu, Suwon-gu, Suwon-si (hereinafter “instant construction work”) was KRW 400 million (excluding value-added tax); the commencement date on September 19, 201; and the completion date on January 19, 201 for the completion date of construction.

(A) Evidence Nos. 1, 2, 1.2

On July 16, 2012, the Plaintiff and Defendant C, the agent of Defendant B, who did not complete the completion date of the original completion date of the construction project, prepared a written agreement (hereinafter “instant written agreement”) with the following details (hereinafter “instant written agreement”).

(A) No. 400,000 won out of the construction price of this case. KRW 200,000 shall be paid in cash, and approximately KRW 200,000 shall be paid in payment in kind (the studio

However, the Plaintiff completed the instant construction and received a pre-use inspection, and the Plaintiff and Defendant B prepared a pre-use contract to the extent that the remaining amount is equivalent to the remaining amount due to the settlement of the balance of the construction works.

Upon the conclusion of the above lease contract, the plaintiff is responsible for all the construction cost, wages, etc. of the subcontractor company without claiming the construction cost to the defendant B.

Defendant B shall pay approximately KRW 20 million to the site goods and government offices' expenses until the completion inspection is completed, and if approximately KRW 50 million is invested in the site after the completion inspection is completed, the Defendant B shall be liable for the payment of the construction cost.

The Plaintiff shall complete the instant construction and completion inspection until August 15, 2012, and shall pay to Defendant B the amount calculated by the rate of 5/100 of the construction cost per day in compensation for damages incurred in breach of contract, and waive all the terms and conditions of the construction.

C. Defendant B completed registration of initial ownership of the instant building around March 20, 2014.

(Evidence A) / [Based on Recognition] Class A 1, 2, 4, and 6, as well as Class A 1, and the purport of the whole pleadings.

2. The assertion and judgment

A. On August 15, 2012, the Plaintiff determined the cause of the claim.