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(영문) 수원지방법원성남지원 2014.10.17 2012가단50444
공사대금
Text

1. The Defendant’s KRW 10,000,000 per annum for the Plaintiff and 5% per annum from January 1, 2009 to August 2, 2012.

Reasons

1. Basic facts

A. A. Around March 2006, the Plaintiff entered into a contract with the Defendant for the construction of a multi-household housing building on the third and third floors (hereinafter “instant building”) on the land outside Sungnam-si, and completed the construction on or around June 31, 2006, after entering into a contract with the Defendant for the construction cost of KRW 30 million. On August 31, 2006, the Defendant made a registration of preservation of ownership on the instant building, and paid KRW 30 million for the said construction cost to the Plaintiff.

B. Around December 2007, the Plaintiff and the Defendant agreed to extend the fourth floor of the instant building (hereinafter “instant extension construction”) at the cost of construction KRW 30 million, and the Plaintiff completed the instant extension construction work around January 2008.

C. The Defendant paid to the Plaintiff KRW 20 million on May 12, 2009, and KRW 10 million on August 29, 2009.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, 7, 9, and the purport of the whole pleadings

2. The plaintiff asserted that on October 2006, the plaintiff paid only KRW 40 million to the plaintiff and the defendant paid only KRW 30 million, and the defendant did not pay the remainder of KRW 10 million to the plaintiff. The defendant did not conclude an agreement between the plaintiff and the plaintiff on the additional construction work, and the plaintiff did not perform the additional construction work, even if the plaintiff did not receive the additional construction work from the defendant, the additional construction work was completed in the same month, but the defendant did not pay the additional construction work. The plaintiff and the defendant paid only KRW 30 million to the plaintiff and paid only KRW 10 million. The defendant did not pay the additional construction work. The defendant did not have concluded an agreement between the plaintiff and the plaintiff, and there was no fact that the plaintiff executed the additional construction work, even if the plaintiff did not receive the additional construction work from the defendant.

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