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(영문) 수원지방법원 2014.12.26 2013나38012
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On March 22, 2012, the deceased E, the inheritee, entered into a construction contract with the Defendant to receive KRW 50,100,000 of the construction cost (hereinafter “instant construction contract”) with respect to the construction of the “G Lestop” in the G Lestoc in Suwon-si District (hereinafter “instant construction contract”), and agreed to receive KRW 4,40,000 from the Defendant in return for obtaining a certificate of completed safety facilities, etc. necessary for granting a business license for the above Lestocs.

B. E, around May 2012, completed the construction work under the instant construction contract, and issued a certificate of completed safety facilities, etc., such as safety facilities, to the above Lestoke on May 2, 2012.

C. Meanwhile, E died on June 25, 2012 without receiving payment of KRW 4,400,000 from the Defendant for the issuance of the complete certificate of safety facilities, etc., including the remainder of KRW 10,000,000 under the instant construction contract.

After the death of E, Plaintiff A, Plaintiff B, and C, their spouse, succeeded to the rights and obligations of E in proportion to the ratio of 3:2:2.

【Ground for Recognition: Each description of Gap evidence 1 through 10 (including each number for those with a separate number) or the purport of the entire pleading and pleading】

2. The assertion and judgment

A. Each of the parties' arguments 1) The plaintiffs asserted that E is obligated to pay 14,40,000 won (=10,000,000 won) in total for the issuance of a certificate of completed construction balance and safety facilities, etc. to E's heir, as well as to pay 14,40,000 won (4,40,000 won) in proportion to the plaintiffs' shares in inheritance.2) The defendant's summary of the defendant's assertion is that E is not obliged to receive construction payment from the plaintiff and the construction work is not properly conducted, and as the plaintiff's demand is continued, the situation is poor.

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