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(영문) 인천지방법원부천지원 2014.02.05 2012가단36823
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Presumed factual basis

A. Defendant B is the owner of the 95.85 square meters of the first-class neighborhood living facilities of the first-class neighborhood living facilities of the Jung-gu Incheon (F, G, H) Jung-gu (hereinafter “instant one building”). Defendant C is the owner of the 95.85 square meters of the first-class neighborhood living facilities of the first-class neighborhood living facilities of the first-class roof, Jung-gu, Incheon (J) Jung-gu (hereinafter “instant two buildings”). Defendant D is the owner of the 95.85 square meters of the first-class neighborhood living facilities of the first-class neighborhood living facilities of the first-class roof of the first-class roof, the first-class general steel structure, and the second-class neighborhood living facilities of the second-story roof of Jung-gu, Incheon (K), the first-class neighborhood living facilities of the first-class and the second-story residential facilities of the second-story (hereinafter “the instant

B. On February 27, 2006, the Plaintiff is the fraud of Defendant B, who was married with L, who is his father, and Defendant C and D are the children of Defendant B.

C. The Plaintiff contracted with the Defendants for the new construction of the instant 1, 2, and 3 buildings, and completed each of the said construction during the first half of 2009 to the first half of 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, 3, witness M and N's testimony, the purport of the whole pleadings

2. The plaintiff's assertion and its determination

A. The Plaintiff asserted that the construction cost of the building of this case 1,2, and 3 was set at KRW 1,500,000 per square year for the first floor and KRW 2,500,000 for the second floor at the time when the Plaintiff first contracted the construction work of the building of this case by the Defendants, but thereafter, the Defendants requested the Defendants to change the interior facilities first set at the commercial building to residential facilities and to change the design of the interior facilities to KRW 2,30,00 for the first floor, and the construction cost of the building of this case 1,20,000 for each floor was increased to KRW 66,70,00 per square year (=29,000 for the first floor x 2.3 million) and the construction cost of the building of this case 3 buildings was set at KRW 157,20,000 for each floor (i floor 29 square meters x 2300,000 won x 2.5 million).

However, the Defendants, including the unpaid road construction cost of KRW 2,00,000, did not pay the construction cost of KRW 23,500,000 to Defendant B, and Defendant C and D, respectively, to the Plaintiff. As such, the Defendants are obliged to pay each of the above money to the Plaintiff.

B. The construction cost of the first floor of the building 1, 2, and 3 in the instant case is KRW 1,500,000 per square meter, and KRW 2,300.

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