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(영문) 수원지방법원 2017.04.14 2016가단518037
공사대금
Text

1. The Defendants jointly pay to the Plaintiff KRW 89,50,000 and the interest rate thereon from November 9, 2016 to the date of full payment.

Reasons

1. Claim against Defendant D, E, and F

A. The Plaintiff, the cause of the claim, concluded a service contract with the Defendants on the content of the purchase of the access road site and the construction of the access road site, and paid KRW 149,50,000 to the Defendants. However, since the Defendants did not construct the access road, the Plaintiff cancelled the above service contract, the Defendants are jointly and severally liable to pay the Plaintiff the service price of KRW 89,50,000,000, and the delay damages therefrom.

(b) Defendant D or E of the applicable provisions of Acts: Defendant F is subject to Article 208(3)2 of the Civil Procedure Act (self-consigning judgment): Article 208(3)3 of the Civil Procedure Act (a judgment by service by public notice);

2. Claim against Defendant C and G

A. The Defendants and H from around January 2005 promoted the above development plan from around January 2004, Defendant C, D, F, and H. From around January 2004. In the case of the lusium, the lusium (hereinafter “the instant five parcels forest”). The instant five parcels forest and land (hereinafter “the instant five parcels forest and land”).

(2) Around October 2005, the Plaintiff concluded a service contract with the Defendants for the purchase and development of the land for access roads and land for access roads and land for access roads (hereinafter “instant service contract”) regarding five parcels of land (hereinafter “instant service contract”).

3) On December 24, 2005, Defendant C received KRW 39,500,000, which is a part of the service price of this case from the Plaintiff, and received the above amount from the Plaintiff. The Defendant C drafted a receipt stating that “The above amount was received from KRW 39,50,000 (39,50,000) for KRW 5,000,000,000,000 (39,500,000) for KRW 110,000,000,000 (149,50,000,0000,000) for the remaining service price from the Plaintiff on April 4, 2006, the following amount was planned from January 204 to purchase the following land as a road use.

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