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(영문) 인천지방법원 2015.05.13 2013가합7123
공사대금
Text

1. The plaintiff's successor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (Withdrawal; hereinafter referred to as the “Plaintiff”) is a person engaged in the construction business, etc., and the Defendant is the owner of doju-si (which was Gyeonggi-si as of May 10, 2008, but on September 23, 2013, E was merged into Sju-si on March 23, 2009) D (E was merged into Sju-si on March 23, 2009, hereinafter referred to as “instant land”).

B. 1) On May 10, 2008, the Plaintiff entered into a contract with the Defendant on May 10, 2008, a store for farming household on the 1st floor of the instant land (hereinafter “instant warehouse”).

) Environment-friendly wooden housing (hereinafter referred to as “instant housing”) on the ground and above, and in total, “the instant buildings” shall be construed as “the instant buildings.”

2) A new construction project (hereinafter referred to as “instant construction project”)

(1) A contract for the construction cost of KRW 300 million (excluding value-added tax); the construction period from May 10, 2008 to September 30, 2008; the items and quantities of the supplied materials are equivalent to the design drawing for the underground storage; and the housing portion is to be constructed in accordance with the F Model Eths at the time when construction is in progress at the SK construction (hereinafter referred to as “instant contract”).

(2) The above construction cost was KRW 300 million as advance payment, KRW 60 million as of May 10, 2008, KRW 40 million as of June 30, 2008, and KRW 100 million as of June 30, 2008, and KRW 100 million as of the second progress payment when importing wooden structure materials, and KRW 100 million as a substitute for the said KRW 100 million, and the said KRW 100 million was paid as substitute for the said KRW 100 million, and the said KRW 100 million was agreed to pay the remainder as of the third progress payment at the time of delivery after completion.

C. On April 10, 2008, the Defendant obtained permission for the development of two-story storage and housing (198С, 132С, 66С, etc.) with respect to the land of this case from the Mayor/Do governor on April 10, 2008 for the development of two-story storage and housing (2). The Defendant on May 13, 2008, on the ground of 660С prior to the land of this case.

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