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(영문) 대전지방법원공주지원 2017.08.10 2016가단348

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 658,839 and its amount from November 29, 2015.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. The Plaintiff is a stock company with the sole purpose of the construction of apartment houses and apartment houses, and Defendant B is the owner of 600 square meters of Cheongyang-gun D, Chungcheongnam-do (hereinafter “instant land”), and Defendant C is the spouse of Defendant B.

B. On September 24, 2015, the Plaintiff and the Defendants concluded a contract for construction work on the instant land-based detached housing (hereinafter “instant housing”) for construction work (hereinafter “instant contract”). The main contents are as follows.

Article 1 [Details of Construction Works]

1. The name of the construction project: the building area under the contract for the construction of a new house of the Defendants (Yongyang-gun D): 64.86 square meters and the total floor area of the construction: 9.84 square meters (excluding the balcony area);

2. Date of contract: September 24, 2015;

3. Date of commencement: The date on which a report on commencement of construction commences shall be the date of commencement after October 2015, and

4. Date of completion: 90 days from the commencement date of October 2015, 15 days from the completion date, 105 days from the completion date, and 105 days in total.

5. Matters concerning air: air shall observe the absolute air (excluding the rained air);

Article 2 [Contract for Payment at Time of Contract for Construction Project]

1. The contract amount of the construction project shall be KRW 135,00,000, separately from the additional construction costs, such as the dyke and septic tanks, the basic and civil construction costs, and value-added taxes, in addition to the above contract area of the construction project;

Article 3 (Matters Agreed on Draft Plan) In principle, construction shall be executed in accordance with the draft plan, and modified matters may be modified in accordance with the agreement between the Defendants and the Plaintiff.

(Provided, That in the event of a change or additional work, drawings and amounts shall be separately calculated, and in principle, construction work shall be performed after obtaining notice and oral sealing from the Defendants). Article 8 [Completion]

1. When the work is completed, the plaintiff shall notify the defendants, and the defendants shall conduct the inspection without delay in the presence of the plaintiff after receiving the notification.

2. The plaintiff fails to pass the inspection under paragraph (1).