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(영문) 대구지방법원 2017.06.23 2016가합3830
공사대금
Text

1. The Defendant’s KRW 119,377,600 for the Plaintiff and KRW 5% per annum from September 28, 2016 to June 23, 2017, and the following.

Reasons

1. Under the facts based on the facts, there is no dispute between the parties, or evidence Nos. 1 and 2 (the standard contract form for each private construction project, each of the above contract form was forged by the Defendant’s arbitrary sealing of the Defendant’s corporate seal, etc., but the evidence submitted by the Defendant alone is insufficient to recognize it), and evidence Nos. 3 and 1 can be acknowledged.

On May 2015, the Plaintiff concluded a construction contract between the Defendant and the Defendant, under which the Plaintiff receives construction cost of KRW 450,000,000 from the Defendant, and the construction contract under which the Plaintiff receives the aggregate construction cost of KRW 185,00,00 from the Defendant, and the construction contract for the lodging house building built on two parcels, such as Gyeongbuk-gun C and D, that receives KRW 185,00,00.

(hereinafter referred to as the above two contracts are referred to as “instant contract”). B.

On May 30, 2016, the Plaintiff sent to the Defendant a certificate of demand for the payment of the construction price with the following contents, and at that time the said certificate was served on the Defendant.

On the other hand, on July 18, 2016, the registration of ownership transfer was made on July 18, 2016 with respect to the above apartment No. 601 among the above apartment No. 601 among the apartment units No. 20

In relation to the instant contract, the following construction cost shall be paid by June 10, 2016 to the following financial accounts:

Financial Account: Value-added tax of KRW 640,00,00 (including an additional amount of KRW 5,00,000: KRW 4,300,000: Amount received for the term of KRW 4,300: 416,922,400 for apartment buildings: The remainder of KRW 170,000 for the apartment buildings: KRW 57,377,60 (= -)

2. Summary of the parties’ claims and arguments

A. (1) Under the instant contract, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 227,377,60 (= -) and the damages for delay.

(2) It is true that the transfer of ownership has been made in the future E, but thereafter.

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