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(영문) 의정부지방법원 2019.07.11 2018나209806
공사대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant, around July 21, 2016, is the Gyeyang-gu Seoul Special Metropolitan City C-related one) of the size of 694 square meters (hereinafter “Seoul Special Metropolitan City land”) for Goyang-gu Seoul Special Metropolitan City C-related one (hereinafter “Seoul Special Metropolitan City land”).

(1) A vinyl house and its ground (hereinafter referred to as “a vinyl building”)

(2) Upon entering into a real estate sales contract for selling real estate, the sales price is KRW 130,00,000, and the special agreement provides that “The number of buildings in the above lot number is resolved by the seller, and other surrounding arrangement is completed inside the building (the amount of KRW 57,00,000 out of KRW 130,000 shall be determined as construction cost of the building).” 2) The Defendant asserted that D did not pay any balance and filed a lawsuit against D seeking the delivery of the above real estate and the above high-si building on March 13, 2019 (the Defendant of this case) and that D’s winning judgment was handed down on March 13, 2019 (the Defendant of this case’s District Court 2018Da72785), and that D’s appellate court (the government’s appellate court 2019 or 204914).

B. In both weeks, the Defendant contracted the Plaintiff with the E-ground container-related construction work at both weeks. (2) The Defendant remitted total of KRW 33,100,000 to the Plaintiff from April 27, 2017 to May 23, 2017 in the name of the Defendant himself, F, and G, and paid KRW 1,00,000 in cash.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, Eul evidence Nos. 2 through 6, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant, via H, with respect to the land and building in the Goyang-gu, Goyang-si C related to Goyang-si, Hayang-si, Hayang-si, Hayang-si, Hayang-si, Hayang-si, Hayang-si, Hayang-si, Hayang-si, Hayang-si, Hayang-si, and Hayang-si, Haok-si

(2) The Plaintiff instructed the Plaintiff to complete the said construction work by February 2, 2017 or by March 2, 2017. Accordingly, the Defendant must pay the Plaintiff construction cost of KRW 6,630,00 and delay damages. (2)

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