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(영문) 대구지방법원상주지원 2017.05.11 2016가합2242

공사대금

Text

1. The Defendant’s KRW 116,152,33 as well as the Plaintiff’s KRW 6% per annum from April 29, 2015 to May 11, 2017.

Reasons

1. Facts of recognition;

A. The Defendant’s father, B, the father of the Defendant, entered into a contract for construction to newly construct the penta (hereinafter “instant penta”) on the ground of literature, and carried out the construction of the penta (hereinafter “instant penta”) but the instant penta (hereinafter “instant penta”) was suspended when the penta was completed.

B. On June 21, 2014, the Plaintiff entered into a contract with the Defendant (the de facto contracting party is the father B) (the de facto contracting party is the Defendant’s father) on the condition that the Plaintiff’s succession to and completion of the suspended pension construction.

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

1. The name of the construction project: D remains-built construction works;

2. The place of construction: Gyeong-si, Gyeongbuk-do; and

3. Date of commencement: The scheduled date of completion on June 21, 2014: The amount of the contract: October 5, 2014; the amount of the contract: the amount of the daily deposit of ten million won (50,000,000 won) and the value-added tax separately.

C. At the time of entering into the instant contract, the Plaintiff and the Defendant entered into a special agreement with the following terms:

Matters of special agreement

1. Based on the terms and conditions of the contract at the time of this case, the Plaintiff is responsible for completing the building agreed upon in accordance with the terms and conditions of the project owner.

2. The construction cost of the principal proposal shall be the erroneous0 million won.

The plaintiff agrees to the defendant's direct disposal of the plaintiff's partner company and individuals.

On September 2, 2014, the Plaintiff completed the instant pension construction, and on September 5, 2014, the approval for use of the instant pension was completed.

E. On October 14, 2014, the registration of the preservation of aggregate buildings was completed with respect to each of the 1/2 shares of the building of the 101 to 402 units of the 1st floor No. 101 to 402 units of the instant pention No. 101 to 402 under the name of E, which is the owner of the building who is the owner of the

F. As to No. 101 of the 1st floor of the instant pension, the Defendant is based on sale with F as trading value of KRW 120,000,000 on the registry.