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(영문) 의정부지방법원고양지원 2019.01.23 2018가단10619

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 15, 2013, the Defendant entered into a design construction supervision contract for the extension of the existing building (i.e., 118.37 square meters of 118.37 square meters of 2nd floor, 2nd floor, 90.21 square meters of 2nd floor, 2nd floor, and 9.21 square meters of 2nd floor, and 20 million won of 20,000,000,000 won for the construction of a new building (hereinafter “H Dong”).

B. On June 20, 2014, a contract for the construction of Gdong Corporation I (hereinafter “I”) was concluded by the Defendant from June 20, 201 to December 31 of the same year from the same date of the construction period, and the construction cost of KRW 40 million. The Defendant paid KRW 20 million each on June 12, 2014 to I on June 19, 2014.

C. From September 12, 2014 to October 11, 2015, E paid the Plaintiff the total amount of KRW 100 million ( KRW 10 million on September 12, 2014, KRW 25 million on September 30, 2014, KRW 30 million on October 20, 2014, KRW 500,000 on February 13, 2015, KRW 30 million on February 24, 2015, KRW 10 million on October 11, 2015, and KRW 30 million on April 13, 2015, the intermediate payment was made to the Plaintiff.

On December 1, 2014, the Plaintiff entered into a contract with the Defendant that the steel frame and metal works on the instant land (hereinafter “instant construction works”) were awarded a contract for construction period from December 1, 2014 to January 31, 2015, and for construction cost of KRW 207,240,000 (hereinafter “instant contract”).

E. On December 8, 2014, the Defendant obtained permission for the construction of Gdong on December 8, 2014, with respect to the alteration of the purpose and the roof and the construction of a large-scale repair, alteration of the purpose of use, and Hdong (1, 70.2 square meters, respectively, of the 2nd floor of the sloping roof, 158.62 square meters, 2nd floor, 148.87 square meters, and 145.1 square meters in underground rooms, respectively, of the 158.62 square meters in a sloping and sloping roof, and obtained approval for the use on January 29, 2015.

9.3. The registration of alteration of Gdong content and registration of preservation of ownership of Hdong shall be completed.

F. The Plaintiff on April 1, 2015