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(영문) 대전지방법원 홍성지원 2018.02.22 2015가합1113
손해배상(공)
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 128,715,380 against the Defendant (Counterclaim Plaintiff) and its related amount from February 1, 2018 to February 22, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff’s land B (hereinafter “this case’s land”) in the Chungcheongnam-gun budget-gun, Chungcheongnam-gun.

)를 증여받아 2012. 7. 2. 소유권이전등기를 마쳤다. 2) 원고는 2012. 8. 6. 토목건축공사업을 영위하는 피고에게 본건 토지 위의 상가 건물(이하 ‘본건 건물’이라 한다) 신축공사를 다음과 같은 조건으로 도급하였다.

Price: 484,00,000 won on August 6, 2012, and the date of completion: 200 million won on October 30, 2012: The remainder - The rate of compensation for delay after completion: 1/100) the Plaintiff paid the Defendant KRW 200,000,000 as the construction price of the building on August 6, 2012, and the Plaintiff additionally paid KRW 50,000,000 on November 21, 2012, and KRW 50,000,000 on February 7, 2013, 200, KRW 30,000,000 on March 40, 2013; and KRW 10,000,000 on March 40, 200,000 on April 10, 2013;

B. (1) On February 14, 2013, the Plaintiff: (a) on the construction of a separate building and payment details for the construction cost; (b) on the land adjacent to the instant land, the land C, D, and E (hereinafter referred to as “a separate land”); and (c) on the land E, the land adjacent to the instant land.

(2) Around April 2013, the Plaintiff purchased a building and completed the registration of ownership transfer on April 10, 2013. (2) Around April 2013, the Plaintiff contracted the Defendant with the construction of a building on a separate land (hereinafter “building”).

The plaintiff and the defendant did not explicitly agree on the construction cost, the deadline for completion, etc. in connection with the building construction work at the time.

3) On October 21, 2013, approval for use was granted for a separate building. 4) On October 31, 2013, the Plaintiff paid a total of KRW 200 million to the Defendant as construction cost for a separate building on October 31, 2013 and November 4, 2013.

[Reasons for Recognition] Facts without dispute, Gap 1 through 5, 26, 30 evidence (including Serial number; hereinafter the same shall apply), Eul 1 to 3 evidence, and the purport of the whole pleadings.

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