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(영문) 의정부지방법원 2016.05.19 2015나54852
공사대금
Text

1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, KRW 17,684,713 against the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On June 12, 2012, the Defendant: (a) under the trade name “C”, “C”; (b) the Defendant newly constructed three bonds of detached house (Adong, B Dong, and C Dong) on three parcels, including F in Yangyang-si owned by the Defendant; (c) the construction cost was KRW 350,00,000 (excluding value-added tax) and the construction period was from June 14, 2012 to November 30 of the same year; and (d) the Defendant transferred the down payment to D on the same day, KRW 50,000,000.

B. However, around June 24, 2012, E and the representative director G of the Plaintiff requested the Plaintiff to find the Defendant and take over the said construction work. The Defendant accepted this and accepted the Defendant’s construction cost of KRW 350,000,000 between the Plaintiff and the Plaintiff, and the terms and conditions of the contract are the same as those of the contract as those of the above D, the contract was entered into with the Plaintiff, setting up a written contract stating retrospectively as of June 12, 2012, which is the date of the contract with D, and entered into the contract with the Plaintiff (hereinafter “instant construction”).

C. The Plaintiff completed the instant construction, and obtained approval for use on July 3, 2013, and the Defendant completed registration of ownership preservation for each detached house newly built on July 9, 2013.

The defendant shall pay to the plaintiff KRW 150,000,000 on August 31, 2012, and the same year

9. On April 2 and June 27, 2013, KRW 50,00,00, respectively, and KRW 88,890,112 as of September 4, 2013, respectively, paid as construction cost the sum of KRW 338,890,112.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4, 7, 8, Eul evidence 1, 2, and 10 (including each number), the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion and the Defendant indicated the construction cost of KRW 350,00,00 on the instant construction contract (Evidence A 2) but the actual construction cost was determined according to the calculation sheet attached to the construction contract.

At the time of the contract, the plaintiff submitted to the defendant for an agreed estimate (No. 3-1-3).

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