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(영문) 대구지방법원 2016.03.15 2014가단124392
약정금
Text

1. The Defendant’s KRW 29,940,184 as well as the Plaintiff’s annual rate from December 5, 2014 to March 15, 2016, and the following.

Reasons

1. In fact, the Plaintiff is running the interior business with the trade name “D” in Daegu-si, Jung-gu, Seoul.

In September 2013, the Defendant, as a dentist, operated the “F value department” in Daegu-gu, Seogu, and requested the Plaintiff to perform the test work on the 1, 2, and 5th floor of the building on the ground of Daegu-gun, Daegu-gun, its own ownership.

On November 6, 2013, the Plaintiff and the Defendant determined the construction cost of KRW 279,00,000, and entered into a contract for the design (hereinafter “instant contract”) with the Plaintiff to pay KRW 27,90,000 in the second floor of “HC” on the second floor of “HC” and the fifth floor of “HC” on the fifth floor, and the Defendant paid the down payment (10%) KRW 27,90,000,000 on November 6, 2013, the contract date. The Defendant immediately paid the down payment (11,60,000,000,000 won, which is 40% of the construction cost from the intermediate payment, on the date of commencement of construction; KRW 11,160,000,000 equivalent to the remainder of the total construction cost of KRW 10,000,000,000 from the completion of construction works.

The plaintiff started the construction work after receiving KRW 60 million, including the down payment on the day of the contract.

Since then, the Defendant paid the Plaintiff the construction cost of KRW 40 million on November 20, 2013, KRW 30 million on December 31, 2013, and KRW 10 million on January 20, 2014.

Meanwhile, at the time of concluding a contract, a written estimate of construction cost of KRW 120,00,000 for the first floor, KRW 101,00,000 for the second floor, and KRW 49,000 for the fifth floor, but on the grounds of the Defendant’s financial standing, the written estimate of May 1, 2014 was lowered to KRW 80,000 for the Defendant’s financial status.

At present, the first floor is operating in the trade name of "J".

At the time of the closing of argument, the ratio of the base height is 96.44% of the first floor, 54.45% of the second floor, and 54.64% of the contract amount is 77,149,426 won of the second floor, 55,00,000 won of the second floor, and 158,921,604 won of the second floor.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, and the appraisal result of appraiser K. 2. Determination

A. The Plaintiff’s assertion that there was one party’s obligation to pay is on the first floor.

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