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(영문) 부산지방법원 2015.01.08 2012가단96010
공사대금반환
Text

1. The Defendant (Counterclaim Plaintiff) shall pay KRW 30,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff shall pay the same on November 23, 2012.

Reasons

1. Basic facts

A. On December 24, 2011, the Plaintiff made oral construction to the Defendant of the land on the land outside Gyeongcheon-gun, Chungcheongnam-gun, and four lots of land, and requested the Defendant to newly construct one unit of one house and one swimming pool (one set of soup building was added thereto). On December 27, 2011, the Defendant commenced the new construction and started part of the civil construction work, such as site creation, and construction work, including housing, and suspended the construction on March 20, 2012.

(hereinafter referred to as the “instant construction”). (b) The entire construction works, including the said civil construction works, shall be called the “instant construction works.”

On February 18, 2012, which was prior to the discontinuance of construction, the Plaintiff and the Defendant drafted a written confirmation (hereinafter “instant confirmation”) on February 18, 2012, and the main contents are that the total construction cost of the instant construction (including a soup bank, fence, a swimming pool retaining wall and other auxiliary facilities) is KRW 110 million (payment of KRW 100 million in mid-term) and that the Defendant promised to complete the construction by March 5, 2012, and the end of the written confirmation is stated as follows: “I will undertake to complete the construction of the Busan Northern-gu D Factory at the end of the written confirmation at the end of the written confirmation at a level lower than that of other estimates (within 3-5%).”

C. On December 30, 201, the Plaintiff paid the Defendant KRW 20 million as the instant construction cost, KRW 30 million on January 13, 2012, KRW 10 million on January 20, 2012, KRW 20 million on January 30, 2012, KRW 20 million on January 30, 2012, and KRW 100 million on February 18, 2012 on the date of the preparation of the instant written confirmation.

At the time of the discontinuance of the above construction, the Defendant, among the instant construction works, conducted civil construction works, such as a site and mountain road construction works (a filled-up soil construction), a reinforced concrete L-type retaining wall (123.7 square meters, roadsides), a stone-building construction work (a total of 343.9 square meters, and part on the side of a building), and a farming house house 1.53 square meters per 58.33 square meters per soup, a soup bank 13.65 square meters per 13.65 square meters per 47.67 square meters, but did not complete the construction work.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, and 3, each appraisal result of appraiser E, the whole pleadings.

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