(영문) 제주지방법원 2015.11.19 2014가합587

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(영문) 제주지방법원 2015.11.19 2014가합587

공사기성금

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1. The Defendant’s KRW 195,108,986 for the Plaintiff and its related KRW 6% per annum from October 1, 2013 to November 19, 2015.

Reasons

Basic Facts

A. On July 1, 2010, 201, C entered into a contract for the construction of seeds and seedlings in the name of wife D, F and three parcels, including E, and Jeju, for the construction of new seeds and seedlings (hereinafter “instant construction”). On March 13, 2012, C extended the scale of E and the instant construction to its own name and changed the said contract on October 30, 2012.

B. Meanwhile, C established the Defendant on May 15, 2012 to operate a new seed and seedling site while performing the instant construction, and actually operates the Defendant by having the Defendant as its wife.

C. On March 7, 2014, the Defendant filed an application for preservation of the defects of the instant construction works with Jeju District Court 2014Kaga93, and the Plaintiff filed an application for preservation of evidence as to the appraisal of the actual construction cost of the instant construction works with the same court as the Plaintiff filed an application for preservation of evidence.

Accordingly, the appraiser G (hereinafter referred to as “appraisal”) appraised the defects and actual construction cost of the instant construction. D.

The instant construction was completed on September 2013 by the horse.

[Ground of appeal] The plaintiff asserted that Gap evidence 1-2, Gap evidence 2-1, 2-1, 2-2, and 2-1, and the purport of the whole pleadings was asserted by the plaintiff as to the purport of the whole pleadings, and the contract with the defendant was changed to the contract price of 1,414,00,000 won on June 17, 2013. The contract amount of the construction of this case was actually cost of 1,756,081,814 won including value added tax, and the construction of this case was actually cost of 90,00,000 won, and the construction of this case was cost of 123,943,980 won. The construction of this case was cost of repair cost of 123,943,980 won. Thus, the defendant is obligated to pay the plaintiff the remainder of 732,756,081,814 won, excluding the amount paid in lieu of the amount paid and the damages for delay.

The defendant's assertion and the defendant are parties, and the construction cost is KRW 1,414,00,000.

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