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(영문) 인천지방법원 2018.09.18 2017가합57829
하자보수
Text

1. The plaintiffs' lawsuit against defendant C is dismissed.

2. Plaintiff B’s claim against Defendant D.

Reasons

1. Basic facts

A. The relevant plaintiff B is the father of the plaintiff A and the non-party E.

Defendant C (hereinafter referred to as “C”) is a corporation whose purpose is building work business, engineering work business, housing construction business, etc., and Defendant D is the representative director of Defendant C.

B. On January 31, 2013, E, a son of Plaintiff B, paid farmland preservation charges for the instant land, paid KRW 122,200,00,000 of the farmland preservation charges for the farmland preservation charges for the area of 653 square meters (hereinafter “instant land”) registered in the name of the Korea Rural Community Corporation, Jung-gu, Incheon (hereinafter “instant land”).

C. On May 8, 2014, the Plaintiffs entered into the instant construction contract with Defendant C, Jung-gu G, and H ground urban residential housing (hereinafter “instant building”) as KRW 1,176,60,000 of the total construction cost (including value-added tax) with respect to the new construction work of Defendant C and Jung-gu, Incheon, and H ground urban residential housing (hereinafter “instant building”).

(hereinafter “instant construction contract.” According to the instant construction contract, KRW 230,000,00 for down payment is paid on the date of the contract, and progress payment is paid in cash as a facility loan and KRW 400,000 during the construction period, and the balance is paid with loans extended within one month after completion.

Accordingly, the Plaintiffs paid 230,000,000 won as down payment to Defendant C on the same day.

Article 20(1) of the General Conditions of the Standard Contract for Construction Works attached to the Construction Contract of this case provides that “The defendant C shall pay to the plaintiffs the amount calculated by multiplying the deposit rate of defect repair as stipulated in the contract by the contract amount (hereinafter referred to as “liability bond”) after completion inspection, as a written guarantee of cash or construction mutual aid association, and a certificate of surety insurance policy, until the price for the construction is paid after completion inspection.”

Upon the request of the plaintiff A and one other, the owner of the construction contract of this case, the plaintiff A prepared a confirmation letter of the fact of payment to the defendant C on July 2, 2014, the defendant C of the construction project of this case.

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