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(영문) 대구지방법원 경주지원 2018.07.10 2017가단12588
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence Nos. 1, 3, and Eul evidence Nos. 1, 2, 3, 4, and 5 (including paper numbers), and the result of a request to appraiser C by this Court for appraisal and the purport of all pleadings.

Before the Plaintiff’s change of the trade name on July 26, 2017, the former name is D Co., Ltd. (hereinafter “D”).

E was a representative director of D until December 14, 2015 and resigned from office, and F was registered as D’s representative director from December 14, 2015 to July 26, 2017, but in fact, E continued to operate D during the above period.

B. On September 2016, the construction of a multi-family house on the fourth floor of the G-ground reinforced concrete structure sloping roof (hereinafter “instant construction”) was concluded on October 1, 201 by determining the scheduled date for commencement of construction as KRW 680,000 (excluding value-added tax, KRW 200,000,000 on the date of the contract, the intermediate payment of KRW 150,000 after the date of the contract, the remainder payment of KRW 330,00,000 after the completion of construction, and KRW 330,00,000 after the completion of construction, and the scheduled date for completion of construction, as February 28, 2017, and KRW 10,000.

The seal of E was affixed to the instant construction contract.

C. D submitted and commenced construction works related to the instant construction at the time of the racing on October 19, 2016, as the relationship that the Defendant completed the removal of the old building at the construction site of this case, around October 19, 2016.

On May 16, 2017, the inspection of the use of the elevator was completed on the instant building, and on July 13, 2017, the approval for use of the racing was completed.

On July 25, 2017, the Defendant completed registration of initial ownership relating to the instant building.

E. Meanwhile, on June 27, 2017, D and the Defendant agreed on the instant construction work as follows.

(hereinafter “instant settlement agreement”) 1.D executed the ceiling height differently from the design.

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