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(영문) 의정부지방법원고양지원 2017.08.24 2016가단90116
공사대금
Text

1. The Defendant: (a) 22,305,00 won to Plaintiff B and 6% per annum from November 19, 2016 to August 24, 2017; and (b)

Reasons

1. Plaintiff B (hereinafter in this paragraph “Plaintiff”)’s claim

A. Basic facts: (a) around September 2015, the construction project was commenced with respect to the adjoining six households, including the first ground housing (hereinafter “instant housing”) at the time when the Plaintiff resided in the relevant project area (hereinafter “the instant construction project”), and the construction project was commenced on the following grounds: (i) the construction project was publicly announced in the FF district’s master plan for the improvement of housing units in the EF district (hereinafter “the instant construction project”) around June 2016; (ii) the Plaintiff, under the name of “H”, was selected as a construction project entity through a meeting of residents in the relevant project area with other construction business entities; and (iii) the Plaintiff started the improvement project on May 26, 2016, including the first ground housing (hereinafter “instant housing”); and (iv) the construction project was interrupted on or around June 20, 2016; and (iv) the appraisal of the instant housing units (hereinafter “the instant construction project”); or (iii) the overall appraisal and improvement of the relevant construction project was not established; or (iv) the result of the appraisal of the instant construction project.

B. The Plaintiff asserts that ① filed a claim against the Defendant for the payment of the progress payment of KRW 25,008,520 and damages for delay until the instant construction was interrupted. ② The Defendant asserted to the effect that there is no fact of entering into the instant construction contract with the Plaintiff.

C. The following circumstances, i.e., the Defendant directly submitted an application for housing improvement project to the owner of the instant housing owner as the owner of the housing of this case, and ii) the Plaintiff and the Defendant, taking into account each of the descriptions or images of the evidence Nos. 3, 4, 5, 12, 17, and 18 (the number of pages is included; hereinafter the same shall apply), each fact-finding inquiry reply, and the entire purport of the pleadings:

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