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(영문) 대구지방법원경주지원 2014.08.29 2013가단8246
손해배상(기)
Text

1. The Plaintiff:

A. The Defendants’ respective KRW 68,00,000 per annum from June 1, 2013 to November 28, 2013.

Reasons

1. Basic facts

A. On May 22, 2012, the Plaintiff was engaged in the construction business under the trade name of “D,” and the Plaintiff entered into a construction contract with Defendant B to remodel the existing single-story house on the ground of “E” in the size of 45 square meters (hereinafter “instant construction contract”) and the construction cost would be approximately KRW 35,000,000 to KRW 40,000,000 (the construction cost shall be calculated in accordance with the written estimate of construction, but the construction cost shall be completed under mutual agreement).

On May 26, 2012, the Plaintiff agreed with Defendant B on the payment of KRW 45,00,000 for the construction cost due to the additional estimate on the construction of the above house.

Down payment: A contract deposit shall be determined on June 4, 2012 (10,000,000 won); an agreement shall be made monthly at approximately 10,000,000 won, and any balance shall be paid in full on September 30, 2012.

(45,000,000)

B. Since then, the Plaintiff performed construction under the instant construction contract and completed most of the construction works around the end of July 2012.

C. The Defendants paid the Plaintiff KRW 10,00,000 as the construction cost of the instant construction contract, and KRW 3,000,000 on October 11, 2012, respectively, to the Plaintiff. On December 31, 2012, the first police officer paid KRW 70,000,000 to the Plaintiff up to May 31, 2013. If the Defendants violated this, the Defendants prepared and issued a cash payment note that imposes civil and criminal liability (hereinafter “instant payment note”).

Since then, the Defendants paid 2,00,000 won to the Plaintiff on December 1, 2012. D.

On June 4, 2012, the Plaintiff lent KRW 3,000,000 to Defendant C respectively, and KRW 5,000,000 on June 30, 2012, and thereafter, Defendant C paid KRW 4,00,000 to the Plaintiff on July 10, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 3 through 6 (including numbers; hereinafter the same shall apply), witness F's partial testimony, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The above recognition is recognized.

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