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(영문) 광주고등법원 2020.02.05 2018나24096
공사대금
Text

1. The judgment of the first instance, including each claim of the plaintiffs and intervenors participating in this court, is as follows.

Reasons

1. Basic facts

A. On May 2014, the Plaintiff entered into a contract with D, the Defendant’s father, and with respect to the construction of the three-story building (hereinafter “instant construction”) on the land outside Gwangju-gu, Nam-gu, and the construction of the three-story building (hereinafter “instant construction”) on the land (hereinafter “instant construction”) on the land (hereinafter “instant construction”). As to the construction work, the Plaintiff entered into a contract with “265,000,000 won (excluding value-added tax) and the construction period from June 1, 2014 to September 30, 2014.”

(hereinafter referred to as "the instant construction contract". After July 7, 2014, the owner of the instant construction project changed from D to the defendant.

The defendant and the plaintiff agreed on the following matters in the instant modified contract.

1. Original contractor changed to another contractor: The defendant;

2. Original contract on the change of contract amount: A contract on the change of KRW 265,00,000 (excluding value-added tax): 336,000,000 (excluding value-added tax): Reasons for changing KRW 71,00,000 (excluding value-added tax);

1. stairs and third-story outer walls;

2. The amount of money increased due to the above-mentioned reasons on the front and front sides of the first and second floors.

On October 2014, the Plaintiff drafted a modified contract with the Defendant regarding the instant construction contract (hereinafter “instant modified contract”) as follows: Provided, That on August 21, 2014, the date of preparation of the modified contract was stated retroactively on August 21, 2014.

C. On November 19, 2014, the Defendant obtained approval for the use of the instant building from the head of the Nam-gu Gwangju Metropolitan City, Seoul Metropolitan City.

The acquiring intervenors received a seizure and collection order (hereinafter “a seizure and collection order of each of the claims in this case”) with respect to the claim for the construction cost which the Plaintiff requested to pay to the Defendant in this case as indicated below. The original copy of each of the claims in this case is the “service date” as indicated below, and the “service date” as of August 24, 2016, the Gwangju District Court 2016 Taz. 51,88,62 won as of August 24, 2016, and the service date of the amount of the claim to be seized.

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