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(영문) 대구지방법원 2016.01.20 2015나301432
공사대금 등
Text

1. Of the judgment of the court of first instance, KRW 50,948,250 against the Plaintiff and its related thereto, from November 8, 2013 to January 20, 2016.

Reasons

1. Basic facts

A. On December 12, 2012, F, the Defendant’s wife, concluded a contract with G, setting the amount of KRW 240,000,000, for the new construction of a 299 square meters-ground childcare center (hereinafter “instant building”) located in Gyeongbuk-gun, Chungcheongnam-do (hereinafter “instant building”) between G and G on December 12, 2012.

B. In order to expand the construction reputation, etc. of the instant building, the Defendant entered into a contract with G on January 9, 2013, by changing the terms and conditions of the said paragraph to approximately KRW 102.6 square meters, and setting the construction period as KRW 307,800,00 of the contract amount on January 9, 2013.

C. A building permit was granted on January 9, 2013 with respect to the instant building. A dispute arose between the Defendant and G regarding the progress of construction and the payment of construction cost, etc. while G was underway, the construction was suspended on March 2013.

Accordingly, the Defendant agreed to pay the Plaintiff the remainder of the construction work to the Plaintiff, who is one’s own relative and construction business operator, as well as the Plaintiff’s remaining construction work on March 8, 2013, if the Plaintiff acquired the remainder and completed the construction and completed the construction work, the Defendant, after completion of construction, agreed to pay the Plaintiff’s fee and expenses in addition to paying the Plaintiff’s fee

E. The Plaintiff completed the said construction from April 1, 2013 to June 17, 2013. The approval for use of the instant building was granted on May 29, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 through 50, 52, Eul evidence Nos. 3 and 4 (including branch numbers; hereinafter the same shall apply), witness D of the first instance trial, E's testimony, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. On March 8, 2013, the Plaintiff asserted that, if the construction of the instant building was completed with the Defendant, the Plaintiff agreed to be paid KRW 30,000,000 for the expenses and the cost of the said construction, and that the said construction is related to the said construction.

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