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(영문) 대전지방법원 2019.03.27 2018가합104768
공사대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On June 25, 2015, the Plaintiff entered into a contract with the Defendant, C, and D to enter into a new construction of G in Seo-gu, Daejeon E and F (hereinafter referred to as “each of the instant lands”) with a total of KRW 50,00,000 for construction cost, and with a construction period fixed as of September 30, 2015 for a contract (hereinafter referred to as “the first contract”). The fact that the Plaintiff completed all of the construction works does not conflict between the parties, or is recognized by the purport of entry in the evidence No. 1 and the entire pleadings.

2. The parties' assertion and judgment

A. According to the first contract, with respect to the Plaintiff’s assertion of the parties, seeking the payment of KRW 275,00,000, which is the Defendant’s shares at the time of the contract, among the total construction cost, and damages for delay thereof, the Defendant transferred the ownership of each of the instant lands to C. On February 15, 2016, the Plaintiff and C concluded a new contract with the terms of the construction of H new structure, the total construction cost of KRW 731,50,000, the construction cost of the instant land, the construction period of KRW 731,50,00, and the construction period of KRW 30, May 30, 2016 (hereinafter “the second contract”). As the first contract becomes null and void, the Defendant is not obligated to pay the Plaintiff the price under the first contract, and the Plaintiff paid all the construction cost under the second contract to the Plaintiff, and thus, the Plaintiff is not entitled to the first contract.

B. In light of the following facts and circumstances acknowledged by comprehensively taking into account the descriptions of Gap evidence Nos. 3, 5, and Eul evidence Nos. 1 through 5 (including numbers; hereinafter the same shall apply), and the overall purport of testimony and pleadings by witnesses I, it is determined that the plaintiff and Eul agreed to invalidate the first contract while entering into the second contract on February 15, 2016, and that the plaintiff and defendant agreed to invalidate the first contract.

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