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(영문) 대구지방법원 2018.01.24 2017나238
공사대금반환 등
Text

1. Of the principal suit in the judgment of the court of first instance, the following amount of order for payment to the Defendant-Counterclaim Plaintiff.

Reasons

The main lawsuit and counterclaim are also examined.

1. Facts of recognition;

A. The defendant is the representative director B as the father of H in-house director on the registry of the Codefendant B Co., Ltd. (hereinafter “B”) in the first instance trial.

B. On August 19, 201, the Plaintiff contracted to B a new construction project to build a farming house on the land of Daegu-gun-gun (hereinafter “instant construction project”).

(hereinafter referred to as “instant contract”). The main contents of the instant contract are as follows.

Construction cost: 65,00,000 won for construction period: 6,50,000 won for the payment method (10%) from August 20, 201 to November 20, 201: 19,500 won for the payment method (10%) from August 20, 2011: 10% for the intermediate payment (20%) 13,000,000 won after the commencement of construction and after the design survey: 20% for the intermediate payment (20% for the steel), 13,00,000,000 won for the intermediate payment (20% for the steel); 20% for the remainder-type completion (20% for the construction before the completion of construction), 13,00,000 won for the completion of the interior, 10% after receipt of the permit for the completion of construction, 10% after receipt of the permit for the completion of construction.

C. From August 20, 201 to December 13, 2011, the Plaintiff paid the Defendant the total construction cost of KRW 58,000,000 as well as KRW 5,750,00 as additional construction cost.

The Defendant failed to complete the instant construction work even after the construction period stipulated in the instant contract.

Accordingly, on December 28, 2011, the Defendant prepared and executed a “6,500,000 construction completion note” (hereinafter “each note of this case”) with the purport that “the construction of this case shall be completed in the order of process by February 28, 2012, and shall pay damages of KRW 6,50,000 when it is impossible to complete the construction.”

E. The Defendant still failed to complete the instant construction work even after the date of completion stipulated in the instant letter.

Accordingly, on February 19, 2013, the Plaintiff notified B of the termination of the instant contract, and the said notification reached B around that time.

F. B around August 23, 201, around the time of entering into the instant contract, the Seoul Guarantee Insurance Co., Ltd.

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