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(영문) 의정부지방법원 2015.05.12 2015가단4313
공사대금
Text

1. The Defendant’s KRW 43,125,00 for the Plaintiff and KRW 5% per annum from November 9, 2012 to December 30, 2014.

Reasons

1. Facts of recognition;

A. The Defendant, C, D, E, and F (hereinafter “Defendant and four other”) jointly purchased the land and newly built eight multi-households on the ground to own two households, and the Defendant and F agreed to own one household, respectively. On January 20, 2012, the Defendant and F jointly purchased KRW 1,630,000,000 for the purchase price of KRW 1,630,000 for the purchase price and completed the registration of ownership transfer as to each of 2/8 shares of KRW 1/8 shares by the Defendant and F.

B. Next, D representing the Defendant and four other parties entered into a construction contract with the Plaintiff to newly construct 8 households of multi-household houses (hereinafter “instant housing”) on the instant land under the following conditions (hereinafter “instant construction contract”).

The remainder of the construction cost of KRW 665,00,000 (excluding value-added tax) intermediate payment of KRW 400,000 (payment after completion of framework construction) (payment within one month after completion) (the owner of one household among the instant housing shall pay the construction cost by dividing the construction cost of KRW 83,125,000, and the two household owners by 16,250,000, respectively): The construction period from April 17, 2012 to August 30, 2012:

C. The Plaintiff started construction and obtained approval for use on October 8, 2012.

The Plaintiff was fully paid the construction cost from the owners of the instant housing except the Defendant, but only received 40 million won as an intermediate payment from the Defendant, and did not receive any balance.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Gap No. 3-1 through 3, Gap No. 4, witness D’s testimony, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the defendant is obligated to pay the remainder of the construction work in this case's construction work amounting to KRW 83,125,00,00 (= KRW 166,250,000 plus KRW 1/8) minus the intermediate payment of KRW 40,00,000, and thirty (30) days after completion.

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