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(영문) 서울남부지방법원 2016.03.11 2015가합1414
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 16, 2007, the Defendant and the Defendant’s Corporation (hereinafter “Defendant, etc.”) agreed that D shall complete the registration of ownership transfer of the land equivalent to 400 square meters worth KRW 70,000,000, which will be self-concept into the land division after completion of the instant construction project (hereinafter “instant self-concept land”) and pay D KRW 70,000,000 for the remainder of the construction cost, in lieu of payment of KRW 80,00,000 among D and the construction cost.

B. After December 9, 201, the Defendant, etc. purchased F and G land adjacent to the instant land (hereinafter “instant land No. 2”) and concluded a contract to add D and 2 land to the construction content of the instant land to D around December 9, 2011.

(hereinafter referred to as "the entire construction of this case") with respect to land Nos. 1 and 2.

Since then, as D failed to properly carry out the entire construction of this case, the Plaintiff, a partner of D, started to proceed with the entire construction of this case from October 2012.

[Reasons for Recognition] Unsatisfy, Gap 17, 18 (including the number of each branch; hereinafter the same shall apply), Eul 1, 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion: (a) around October 24, 2012, the entire construction of the instant case that D was contracted by the Defendant, etc. from around October 24, 2012; and (b) the Defendant agreed to settle the part of the Plaintiff’s construction work at a later cost at the cost

The Plaintiff, upon the Defendant’s demand, continued the entire construction of the instant case from October 29, 2012 to March 12, 2014 and finished the entire construction of the instant case, and additionally disbursed KRW 212,831,150 in total with equipment use costs, oil bags, etc., so the Defendant paid the Plaintiff construction price already received pursuant to the agreement on the settlement of actual expenses. As such, the Defendant is 48,650.

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