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(영문) 서울동부지방법원 2015.08.21 2013가합106862

공사대금

Text

1. The Defendants jointly share KRW 175,714,452 to the Plaintiff and Defendant A with respect thereto from November 22, 2013, and Defendant B.

Reasons

1. Facts of recognition;

A. On December 27, 2012, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendants, a married couple, and with respect to the new construction of the Gangdong-gu Seoul Metropolitan Government neighborhood living facilities and urban residential housing (hereinafter “instant building”) located therein (hereinafter “instant building”).

The date of commencement: The scheduled date of completion on March 1, 2013: the contract amount on September 30, 2013: 1,384,90,000 won [1,14.59 square meters (including a building permit area 1,06.57 square meters of urban residential housing and multi-household-type balcony with an extended area of 78.02 square meters) x 1,100,000 won, including value-added tax]: 1/1,00 conditions under a special agreement.

1. The construction cost is 1,100,000 won per square meter, including the balcony expansion area of urban residential housing and multi-household housing (3,640,000 won/per square meter), and the remaining construction cost shall be paid to the Defendants within two months after completion, and the remaining construction cost shall be paid to the Defendants within two months after completion, and the down payment or deposit shall be appropriated in preference to the remaining construction cost due to the sale or lease of urban residential housing at the time of completion or before completion.

5. Construction work outside the scope of the construction work (i) construction work outside the scope of the construction work; ii) construction work outside the scope of the construction work; and iii) construction work outside the scope of the construction work; (iv) other construction work outside the scope of the construction work;

B. The Defendants moved into the instant building 502 on September 23, 2013.

In addition, the first floor of the instant building was occupied on October 28, 2013 and October 29, 2013.

C. On October 29, 2013, the Plaintiff obtained approval for the use of the instant building from the Gangdong-gu Seoul Metropolitan Government Office.

From April 5, 2013 to December 31, 2013, the Plaintiff: (a) from the Defendants’ payment of construction costs, the sum of the construction cost as indicated in the attached Form 1,185,968.