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(영문) 수원지방법원 2018.10.04 2018나56589
공사대금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 10,019.

Reasons

1. On April 24, 2014, Nonparty I, E, and H, under the direction of Nonparty I, who is the husband of Nonparty I, purchased jointly a 3,412 square meters of the D forest land in Yeongdeungpo-gu, Young-gu, Young-si as a site for electric source, and completed the registration of transfer of ownership.

Since then, the above forest was divided into several parcels, and the land divided into two lots was owned independently by the above I.

(2) After the division on June 10, 2015, the Defendant purchased D forest land 615 square meters from I, and I purchased J forest divided from H on March 15, 2016.

(3) On March 24, 2016, the Plaintiff constructed a single-story housing of 37 square meters in size on D forest owned by the Defendant to the firstman on September 2016, 2016, and the Plaintiff entered into a contract (hereinafter “instant construction contract”) with the Plaintiff to pay a separate amount of KRW 160,000,00 (value-added tax) for the construction cost by September 6, 2016 on D forest owned by the Defendant (the completion date of the construction work under the contract shall be the official column or the estimated work schedule (Evidence 6). The rate of compensation for delay shall be 3/100 of the construction cost per day per delay). The Defendant entered into a contract with the Plaintiff to pay the Plaintiff a separate amount of KRW 160,00,00 (value-added tax) for the construction cost (hereinafter “instant construction contract”).

(A) On the same day, the Plaintiff entered into a contract with 45 square meters to construct one unit of a single-story house in the J Forest owned by I with the construction cost of KRW 193 million. However, the Plaintiff and the Defendant did not prepare a written estimate or specifications that only received the design drawings in relation to the instant construction contract, but did not know the detailed construction details or construction methods, and the amount of the construction cost for each construction item.

(4) The Plaintiff received KRW 40 million from I on the date of entering into the instant construction contract. Among them, KRW 20 million is the instant construction contract amount to be paid by the Defendant to the Plaintiff, and the remainder KRW 20 million was the construction contract amount to be paid by I to the Plaintiff.

(5) The Plaintiff and the Defendant and C during the instant construction project at the time of the conclusion of the instant construction contract.

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