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(영문) 대전지방법원 2018.10.24 2016가합100564
공사대금
Text

1. Defendant C and Defendant D jointly share KRW 201,745,763 with respect to the Plaintiff and the Plaintiff, from February 17, 2016 to October 24, 2018.

Reasons

In fact, the plaintiff is an individual entrepreneur who operates a building assembly construction business, etc., and the defendant B is the owner of Gangwon-gu E, F, and G land.

On March 24, 2015, Defendant B decided to construct three Dongs of commercial buildings (hereinafter “instant building”) on the above land as Defendant C and Dong business, and delegated Defendant C with matters related to authorization, permission, and all relevant matters related to construction.

Defendant D was awarded a contract for the construction of the instant building by Defendant C and B, and Defendant C and B, at their own expense, intended to transfer the ownership of one of the instant buildings to the subsequent construction cost as payment for the claim for the construction cost if Defendant D had constructed the instant building at its own expense.

On January 2015, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with Defendant D, by oral and oral, to accept a subcontract for the creative construction works, board construction works, part of basic construction works, etc. (hereinafter “instant construction works”) from among the new construction works of the instant building (hereinafter “instant construction works”).

Defendant C, as the owner of the instant building on July 28, 2015, obtained the building permit, and Defendant D and the Plaintiff constructed the instant building from that time.

On November 9, 2015, the Plaintiff stated to Defendant D that “1. No. 1. No. 1. No. 67,934,500 won, No. 53,145,00 won, Gohap 317,419,500 won, No. 3. 11,028,000 won, additional litigation for creative construction, and additional litigation for creative construction, 27,505,50 won, total sum of 34,925,00 won, and total of 344,925,00 won” (hereinafter “instant construction amount”).

No. 1. A. Defendant D, after reviewing the detailed statement of the above construction amount, No. 1. A. B. between the existing construction details and the additional construction details;

2. A statement stating that the above amount shall be KRW 2.5 million as the construction payment.

The additional construction work stated in the detailed statement of the construction amount of this case is the case.

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