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(영문) 의정부지방법원 2014.09.18 2012가합14552

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 34,400,00 and 6% per annum from January 1, 2012 to September 18, 2014.

Reasons

Basic Facts

C on July 4, 2011, Defendant B, the father of Defendant B, entered into a contract to purchase part of 13,225 square meters of the six parcels outside Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and 6 other, KRW 1.4 billion.

(hereinafter “instant sales contract”). The instant sales contract was subject to the following special terms and conditions:

Matters of special agreement

1. A contract for a condition under which part of E (7,313 square meters), F (1,482 square meters), G (3,186 square meters), H (120 square meters), I (12,219 square meters in part of a parcel of land subject to permission for a factory site, and the total of 13,225 square meters in part of a lot of land subject to permission for a factory site, including the total of 12,210 square meters in part of a lot of land subject to permission for a factory site, and part of a land subject to

2. Seller's duty (4) When concluding a contract with an enterprise for future civil engineering works, the seller pays the down payment, and the buyer pays the intermediate payment, and the balance shall be borne according to the ratio of the seller and the buyer's area of civil engineering works, respectively, at the time of completion of civil engineering works;

On August 10, 2011, Defendant B and C entered into a contract with the Plaintiff on a contract basis with respect to the construction cost of KRW 165 million (including value-added tax) for the construction work of the E plant construction of Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-do (hereinafter “instant construction work”), and drafted a contract agreement with the following terms and conditions:

On the other hand, Defendant B also prepared a side agreement with the Plaintiff on the same day that the construction cost of this case is KRW 275 million (including value added tax) as the contract period.

1. Construction name: New E-factory construction works;

3. Date of commencement: The date scheduled for completion on August 4, 2011: The contract amount on October 5, 201: 165,000,000 won (including value-added tax) and Defendant B (90,000,000 won) and C (60,000 won) remitted each of the two million won to the Plaintiff as the down payment under the instant contract, and the Defendant B, as the down payment under the instant contract, to the Plaintiff on the same day.

On September 26, 2011, Jin-gun had jurisdiction over the Ministry for Food, Agriculture, Forestry and Fisheries due to the instant construction works against the Defendants.