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(영문) 서울동부지방법원 2016.10.28 2015가합111462
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 116,591,472 and KRW 41,925,472 among them, from December 22, 2015 to July 74.

Reasons

Basic Facts

On August 4, 2014, the Defendants entered into a contract (i.e., the contract of this case) under which the Plaintiff entered into a contract (i.e., the construction cost of KRW 772 million, and (ii) the date of completion on October 30, 2014, under which the Defendants entered into the contract (i.e., the “instant contract”) under which the said construction works (hereinafter “instant construction works”) with the Plaintiff on the land of Jung-gu, Seoul.

In the terms and conditions of the instant contract, the following provisions are stipulated.

All the Corporation shall be constructed in accordance with the specifications of the Seoul Housing and Urban Corporation (hereinafter referred to as the “SH Corporation”).

(5) Paragraph (5). The time of completion of sale after completion shall be the completion of construction.

(8) The remainder of the construction cost shall be paid KRW 572 million after the sale of the loan of this case.

(3) Paragraph (3). To take precedence over the conclusion of a sales contract with SH and in the case of general sale, the contractor shall ensure the sales price of KRW 2.150 million.

(6) income tax on an amount exceeding 2.15 billion won out of the general sale price shall be paid by the contractor.

(7) On January 6, 2015, the Plaintiff completed the instant loan and obtained approval for use on the part of the Defendant. On the same day, the Plaintiff entered into a general sale agreement on the 11st generation of the instant loan on behalf of the Defendant, and on the 21st of the same month, the registration of ownership preservation was completed in the future of the Defendants.

The defendants, based on the above sales contract, were paid a total of KRW 2.374 billion.

[Grounds for recognition] In light of the fact that there is no dispute, Gap 1, 2, 7, 9 evidence, Eul 1, 11, and Eul 11 (including a serial number, and hereinafter the same shall apply), the entire purport of the pleadings, and the facts acknowledged in Paragraph 1 of the judgment as to the plaintiff's claim for the payment of the agreed construction cost, the defendants, a joint contractor and a partner, jointly and severally, recognize that the plaintiff had already received payment at KRW 772,00,000 for the agreed construction cost.

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