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(영문) 인천지방법원 2020.08.26 2019가단221740
공사대금
Text

1. The Defendant’s KRW 11,528,308 with respect to the Plaintiff and KRW 6% per annum from December 6, 2018 to August 26, 2020.

Reasons

1. Basic facts

A. The defendant is the owner of the land C located at three occasions (hereinafter "the land in this case"), and the plaintiff is a person who runs a construction business with the trade name "D".

B. While the Defendant owned a single-story house on the instant land, it was decided to remove the above multi-story house in 2018 and construct a neighborhood living facility and multi-family house (hereinafter “instant building”) on the above ground, and the Plaintiff was introduced through E, which is the husband of female students.

C. On June 11, 2018, the Plaintiff and the Defendant concluded a contract for construction works with the purport to construct the instant building on the instant land.

(hereinafter referred to as the “instant contract” and the construction carried out pursuant thereto are referred to as the “instant construction”). The relevant contents of the instant contract are as follows.

Article 1 (Construction Details) ① Construction : Construction site. 1. 3 Construction site: Total amount: 45 million won: 400,000 won supply price: 445,500,000 won supply price: B during the construction period (production and construction separate from the surtax) under Article 3 (Production and Construction) (No. 200,000 won, shall cooperate with the field supervisor, and shall be manufactured and constructed in accordance with design and specifications.

Article 5 (Amendment of Matters) After the conclusion of this Agreement, the time when the drawings and specifications are to be modified due to the circumstances of Gap (Defendant) shall be notified to Eul and obtained prior consent, and any additional tender shall be made in accordance with the additional estimate.

Article 7 (Methods of Payment for Price) Appendix 1. Attachment 1. Attachment 1. See the attachment: Contract at the time of contract under Article 7 (Method of Prohibition of Substitute Payment): 100 million won in a lump sum (150 million won in a lump sum at the time of completion of the 3rd floor of the building concrete general : Part Part 3 (2) part payment at the time of completion of the 3rd floor of the building and concrete general : The remainder of KRW 150 million in a lump sum at the time of completion of the construction of the outer representative 45 million in a lump sum: The remainder of KRW 45 million in a lump sum at the time of completion of the entire construction: the time of the drawing and drawings shall correspond to the time of the drawing.

Separate construction works without the drawings and estimate, and deposit money within one jurisdiction;

D. The Plaintiff is the Corporation around June 12, 2018.

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