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(영문) 춘천지방법원 2014.09.17 2013가합1280
근저당권설정등기말소등기절차이행 등
Text

1. 65,072,089 won and the Defendant’s obligation to pay the construction cost under the construction contract stated in the attached list.

Reasons

1. Basic facts

A. On September 201, the Plaintiff received a contract to perform excavation works to develop hot spring water with the content that “if groundwater is excavated and temperature of at least 20 degrees is secured, the Plaintiff shall receive KRW 600 million from C,” and around that time, the Plaintiff entered into a subcontract with the Defendant to the effect that “if groundwater is excavated in depth by 100 meters between the Defendant and the Defendant, the Plaintiff shall pay KRW 100 million to the Defendant at the time of completion of drilling works, and if there is any hot spring water to the extent that it can be developed into a hot spring tourism complex as a result of drilling, the Plaintiff shall additionally pay KRW 35 million (hereinafter referred to as the “instant construction contract,” and the said construction price shall be referred to as the “construction price”).

(1) The defendant asserts that the amount of excavation work except the above additional contract amount is KRW 135 million, but the defendant, the creditor, bears the burden of proof regarding the amount of the claim for the construction work. However, it is not sufficient to recognize the claim by only the statement in the evidence No. 1-3 of this case, and there is no other evidence to acknowledge the defendant's assertion, so the amount of excavation work except the additional contract amount shall be recognized as KRW 100,000,000,000 as the plaintiff's person).

On September 201, the Defendant excavated groundwater pipe in depth of 1,000 meters pursuant to the instant construction contract (hereinafter “instant excavation hole”), but did not secure the amount required by C to the Plaintiff, and accordingly, did not have hot spring water to the extent that it can be developed into a hot spring tourism complex.

C. After completing the instant construction work, the Defendant urged the Plaintiff to pay the instant construction cost, but failed to receive the instant construction cost from the Plaintiff. However, on November 14, 201, the land and buildings located in Chuncheon City, Chuncheon-si, and the land and buildings located in E, in order to secure the instant construction cost claim from the Plaintiff.

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