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(영문) 대전지방법원천안지원 2016.06.03 2015가합101613
공사대금
Text

1. The Defendant (Counterclaim Plaintiff, the appointed party), the appointed party C, and D jointly share to the Plaintiff (Counterclaim Defendant) KRW 45,00,000 and KRW 45,00.

Reasons

1. (1) The Plaintiff is a corporation mainly engaged in civil engineering, construction work, etc., and the Defendant and the designated parties C and D (hereinafter referred to as “Defendant and two other persons”) jointly implement a housing site preparation project for the construction of electric source housing in the name of “E”.

(2) On December 15, 2010, the Plaintiff entered into a contract (hereinafter “instant contract”) with Defendant and two other parties, setting the construction cost as KRW 1 billion with respect to the E Site Creation Project for the E Site Construction Project for the E Site Construction Project for the U.S.F Workers in Ansan-si implemented by the Defendant and two other parties (hereinafter “Asan-si site”).

(3) Around July 27, 2011, the Plaintiff completed the instant site development project.

(4) On November 3, 201, the Plaintiff and the Defendant and two other parties agreed to increase the construction cost of the instant contract in KRW 1.145 million.

(5) The Defendant and two other parties, located in the neighboring area of the instant site, owns 3,857 square meters G, 922 square meters prior to H, and 2,430 square meters prior to I.D. (hereinafter “the instant adjoining land”) one-third of shares.

【Reason for Recognition】 Each description of evidence Nos. 1, 2, 3, 4, and 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion completed the instant site creation work, the Defendant and two other parties did not yet pay the construction cost of KRW 45 million out of KRW 1.145 million.

Therefore, Defendant et al. and two other parties should pay the remaining construction cost of KRW 45 million to the Plaintiff as well as damages for delay.

B. The Plaintiff and the Defendant’s two parties, as well as the Defendant, are expected to undertake a housing site preparation project for the adjoining farmland of this case at the time of the instant contract, they agreed to transport the remaining soil generated in the course of the instant site creation project to the adjoining farmland of this case.

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