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(영문) 수원지방법원성남지원 2015.12.11 2014가합205009
공사대금
Text

1. The Defendant’s KRW 581,301,602 as well as the Plaintiff’s KRW 5% per annum from August 1, 2012 to December 11, 2015.

Reasons

1. Basic facts

A. The Defendant, as a part of a for-profit business, was a clan comprised of descendants of “E” as the descendants of “D”, and the Defendant, as a part of the business, established and operated a golf course (hereinafter “instant golf course”) in the name of the Defendant’s general secretary director and the Defendant’s wife I and ASEAN J, K (hereinafter “I, K, and K”) (hereinafter “instant golf course”) as well as the Defendant’s general secretary director and the Defendant’s wife I, H, and H, K (hereinafter “I, etc.”) as the chairman of the clan, etc.

B. On September 10, 2010, the Defendant concluded a construction contract with the Plaintiff and the instant golf course construction cost of KRW 3.3 billion (including value-added tax) and the construction period from September 10, 2010 to December 31, 2012 (hereinafter “instant construction contract”).

C. On July 4, 201, the Defendant and the Standing Committee resolved that the Defendant will pay all the expenses incurred in the construction of the instant golf course (such as development activity costs, golf course construction costs, etc.) on account settlement. D.

On July 2012, the Plaintiff completed the construction work of the instant golf course, and completed the completion inspection on July 19, 2012.

E. The Plaintiff, separate from the construction of the instant golf course, performed construction works to additionally create the instant golf course by planting turf on the land owned by the Defendant, on July 11, 201 and October 13, 201, by obtaining approval for the use of 2,530 square meters and 192 square meters on the land owned by the State from the Leecheon-si mayor for the purpose other than agricultural infrastructure. On May 9, 2012, the Plaintiff implemented the construction of the instant golf course with the permission for the occupancy of a small river of 4,070 square meters out of the P land by planting turf on the said land with the permission for the occupancy of a small river of 4,070 square meters out of the P land, and implemented the construction of an outdoor marriage hall by planting turf on the said land.

The supplementary construction of this case shall be the sum of the above lands.

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