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(영문) 서울동부지방법원 2018.04.25 2017가단110022
기타(금전)
Text

1. The Defendants are jointly and severally liable to the Plaintiffs each of KRW 3,173,045 as well as to the period from May 16, 2017 to April 25, 2018.

Reasons

1. Facts recognized;

A. On March 16, 2015, the Plaintiffs concluded a construction contract with the Defendants (contractor) (hereinafter “instant contract”).

The name of the construction project: The site location of the new construction site of the G (hereinafter referred to as the "instant construction project"): The construction cost, excluding the contract amount of September 30, 2015, which was completed on May 1, 2015, and the contract amount of KRW 378,000,000 (value-added tax): the contract amount of KRW 378,000 (not value-added tax: each plaintiff plus KRW 20,000,000) shall be paid in kind after the completion of the construction project.

B. The Plaintiff A did not pay the contract bond, and the rest of the Plaintiffs paid the contract bond.

C. The Defendants commenced construction on May 1, 2015 and completed construction, and obtained approval for the use of the building on February 29, 2016.

The Plaintiffs directly performed the finishing work necessary for the approval of use (such as set, board, board, screen, etc.).

The costs were calculated at the end of the settlement of the Defendants.

The Plaintiffs paid KRW 5,692,181 for the construction cost as above.

E. The Defendants did not construct the floor of the elevator, such as front stairs, etc., waterproofing of the first floor parking lot, rooftop le-to-date waterproofing, attached string, Ireland meal, warehouse box, store box, door-to-door distribution box, floor KCC lectures, among the works stipulated in the terms and conditions of the instant contract.

F. On March 17, 2016, the Plaintiffs completed the registration of ownership transfer for the instant multi-household housing on the following day: (a) Defendant E completed the registration of ownership transfer on the ground of the instant multi-household housing Nos. 401, 402, and 501 on February 26, 2016.

The plaintiffs sold the above house to Defendant E. The sales contract was prepared with the sales amount of KRW 401,230,000,000, KRW 402, KRW 280,000, KRW 501, KRW 250,000.

G. In order to be exempt from value-added tax, the Plaintiffs and the Defendants directly perform the instant construction work, and as follows, the Plaintiffs and Defendant E.

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