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(영문) 수원지방법원 2021.03.31 2020가단1444
공사대금
Text

1. The Defendant’s KRW 104,715,100 and KRW 82,715,100 among the Plaintiff and KRW 22,00,000 from December 25, 2019.

Reasons

1. Facts of recognition;

A. On August 11, 2016, the Plaintiff: (a) the construction cost of the new construction of neighborhood living facilities on the ground ( = 136 square meters x 2.7 million won per square meter); (b) the construction period from August 11, 2016 to February 29, 2017; and (c) the terms and conditions of the special agreement, “1. The construction of the new construction of neighborhood living facilities on the ground (excluding 136 square meters) 448.92 square meters per parcel (136 square meters);

2.A separate deposit for electrical construction;

3. The Plaintiff and the Defendant prepared a construction contract related to the instant contract on the same day, and prepared two copies of the contract with different dates for the convenience of the procedures, such as the simplification of documents, etc., as well as the price and the conclusion of the contract, which read as “the construction cost of KRW 290,00,000, and August 11, 2016,” and “the construction cost of KRW 77,20,000,000 and KRW 77,20,000” and “the construction cost of KRW 1-2,00 on November 21, 2016,” respectively.

B. On April 10, 2017, the Plaintiff, while performing construction works under the instant contract (only the Plaintiff’s husband D and son E), drafted a new additional contract that reflects additional construction cost, etc. in lieu of the instant contract with the Defendant (hereinafter “instant additional contract”) (No evidence No. 6-2, and the Defendant’s assertion that the aforementioned evidence is modified is rejected as indicated below, and the main content thereof are as follows.

1. Period: From January 1, 2017 to April 30, 2017;

2. Construction cost: 114,286,454 won (excluding surcharges);

3.Payments - The payment shall be made within one week after the completion of the work.

(c)

The Plaintiff completed the construction under the instant contract and obtained the approval of use from the head of the wife population on April 24, 2017.

(d)

The Plaintiff received 340,000,000 won as the construction price from the Defendant up to now.

[Grounds for recognition] Gap 1 to 1.

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