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(영문) 창원지방법원진주지원 2020.03.24 2019가단30415
공사대금
Text

1. Defendant (Counterclaim Plaintiff) B: (a) 110,648,700 won against the Plaintiff (Counterclaim Defendant) and its related amount from July 20, 2016 to March 24, 2020.

Reasons

1. The facts of recognition shall be deemed as to the principal lawsuit and counterclaim.

A. On May 7, 2015, Defendant C transferred the right to relocate a house to another area as a public project within a development-restricted zone to Defendant B, and Defendant B, as an owner of Changwon-si, Changwon-si, a development-restricted zone, with a size of 330 square meters, was to construct a new building on the above land and complete the registration of ownership transfer for the above land and new building to Defendant C.

B. Defendant C obtained a building permit for a new building on August 27, 2015 (hereinafter “instant building”).

On September 5, 2015, Defendant B entered into a contract for the construction of the instant building (hereinafter “instant construction”) with the Plaintiff and the instant construction business entity for the construction of the building during the construction period from September 7, 2015 to January 30, 2016 (hereinafter “instant contract”). According to the contract, Defendant B entered into a contract for the construction of the instant building with the cost of KRW 374 million during the construction period from September 7, 2015 to January 30, 2016 (hereinafter “instant contract”). According to the contract, KRW 30 million during the intermediate payment and KRW 50 million during the intermediate payment, around September 2015, and around October 2015, the remainder shall be paid as a bank loan within five days after receipt of the object of the contract, and attached a special agreement stating “the construction agreement with the owner of the building in terms of the contract terms.”

C. From September 11, 2015 to December 30, 2015, Defendant B paid a total of KRW 217 million to the Plaintiff as construction cost.

A special agreement after amendment

1. A case agreed upon by the owner under the contract terms;

(a) Construction of bricks after the front studio of a third-story house;

(b) Lither: Kither;

(c) Construction of a 3th floor steel-frame;

(d) Second-story test;

(e) Partial booming of a house and construction of substitute monthly stone inside a house;

(f) The construction of toilets Dozines of the Sea;

(h) Installation of safe-baging places;

(i) To carry out construction with the height of 5 meters per floor and to make the middle floor;

Subject to the special contract terms, the building owner agreement

1. The work of constructing a part of the front 3-story house;

2. Three-story housing: Costs borne by the contractor;

3. Construction of three-dimensional steel-frames in a first-rise pole;

4. Two floors;

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