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(영문) 대구지방법원포항지원 2019.04.11 2018가단102865
공사대금
Text

1. The defendant shall be the plaintiff.

(a)payment of KRW 42,925,907;

B. The above A.

32,000,000 out of the money stated in the subsection.

Reasons

1. Facts of recognition;

A. (1) On September 25, 2017, the Defendant entered into a contract for new housing construction works with the Plaintiff on the ground of C’s guarantee on September 25, 2017, which is one of its own possession, and the construction cost of KRW 120 million was determined to be paid within 30 days after completion. (2) The Plaintiff was paid as construction cost, ① KRW 69 million on September 27, 2017, ② KRW 48 million on February 27, 2018, and the date of completion of the said construction work as the person who was on February 27, 2018.

3) At the time of concluding a construction contract with the Plaintiff, the Defendant agreed that “a civil engineering and design cost, various design and design cost, and various human fees” should be borne separately by the owner. In addition to the above construction cost, the Plaintiff agreed that the Plaintiff should bear the cost of construction works, wastewater pipes, land-only construction, access road, iron plates, access road, container, equipment costs, civil engineering works, electricity entrance cost, construction cost, partition survey cost, construction cost, design cost (30 square meters), registration cost, design cost, and CE payment cost (hereinafter “alternative construction cost”).

B) Additional disbursement was made. (B) The Defendant concluded each of the collateral security agreements with the H Association and the debtor as to the real estate F and G, one of its own possession, on September 29, 2017, with the maximum debt amount of KRW 530,000,000,000, and KRW 193,000,000,000,000,000,000 won on February 26, 2018.

2) The Defendant agreed on the Plaintiff’s repayment of interest on loans arising from the creation of each of the above collective security rights. From October 2017 to April 2018, the Plaintiff paid KRW 10,925,907 to the Defendant’s loan interest on behalf of the Plaintiff in accordance with the agreement. [Grounds] The Defendant did not dispute over the non-contentious facts, evidence Nos. 1 through 6 (including the serial number, evidence No. 1, and the purport of the entire pleadings)

2. The defendant is obligated to pay the plaintiff the amount of KRW 32,925,900,00 for the delayed construction price of KRW 32,925,90 for the plaintiff among the total of KRW 32,445,00 for the plaintiff's 32,445,00 for the plaintiff's 32,445,00 for the substitute construction cost of KRW 122,925,90 for the overdue construction cost of KRW 32,925,90 for the plaintiff, and the amount of KRW 925,907 for the plaintiff's 10,925,900 for the subordinate construction cost of KRW 32,925,90 for the loan interest of KRW 42,00 for the plaintiff. ② The above 42.

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