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(영문) 서울서부지방법원 2014.12.11 2013가합11126
공사대금
Text

1. The Plaintiff:

A. Defendant H is 155,097,120 won and 20% per annum from November 8, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Defendants and the NAE Construction Co., Ltd. (1) are limited to the construction contract between the Defendants and the NAE Construction Co., Ltd. (hereinafter “NAE Construction”) around 2012.

(2) On the part of the Defendants, the Defendants concluded a construction contract with respect to the NA-gu Seoul Jung-gu I-gu I-affiliated reconstruction project with the cost of construction KRW 800,000,000. (2) The NAo tower construction did not perform the construction work any longer after the completion of the removal work on the existing building and neglected the site.

B. On September 14, 2012, the Plaintiff and the Defendants entered into a construction contract with the Plaintiff and the Defendants: (a) the construction cost of KRW 840,00,000 for the instant I-affiliated reconstruction project (=the construction cost of KRW 40,000,000, an input tax amount of KRW 500,000), which is 50% of the construction cost); and (b) the construction period of between September 25, 2012 and March 25, 2013; (c) the construction contract for the instant construction project (hereinafter “instant construction contract”); and (d) the construction project undertaken by the Plaintiff is referred to as the “instant construction project.”

(2) Around August 30, 2013, the Plaintiff completed the construction work, and the Defendants were occupying the said apartment house and reside therein from that time.

C. On September 10, 2013, the Plaintiff and the Defendants agreed on the price of the instant construction project. On September 10, 2013, the Plaintiff received receipts (No. 2, hereinafter “instant receipt”) with the following content from the Defendants:

In light of the fact that the above receipt was drawn up and issued (the above receipt was drawn up by the J on behalf of the plaintiff, but the J also set up the contract for the construction of this case on behalf of the plaintiff, and the Defendants paid the contract price to the plaintiff's account designated by J after the above receipt was drawn up, and the plaintiff also recognized the amount received as the price for the construction of this case, the J appears to have drawn up the above receipt as the legal representative of the plaintiff.

On the other hand, the Plaintiff submitted a preparatory document on November 3, 2014, the purport of the claim, and the application for change of the cause of the claim, and changed the cause of the claim on the premise that the above receipt was actually prepared.

143,840,000 won;

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