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(영문) 청주지방법원 2016.09.08 2014가단19677
공사대금
Text

1. The Defendant: 24,000,000 to an independent party intervenor and 5% per annum from March 25, 2016 to September 8, 2016.

Reasons

1. Facts of recognition;

A. On the ground of 2670 square meters (which was divided into D, E, etc.; hereinafter “instant land”) owned by the Defendant, the Intervenor entered into a construction contract with the Defendant on October 1, 2013, setting the construction cost as KRW 96 million (hereinafter “instant warehouse construction contract”) with respect to the construction of warehouses and the foundation of housing civil engineering, and ancillary civil engineering works (which collectively referred to as “instant warehouse construction work”).

B. On December 31, 2013, the Intervenor performed construction under the instant warehouse construction contract and approved the use of a warehouse.

Upon the request of the defendant, the intervenor completed the above additional construction work around January 2014 by performing the additional construction work to install the second floor of the dormitory and the right drying room in the warehouse.

C. From October 4, 2013 to January 28, 2014, the Defendant paid a total of KRW 104,200,000 to the intervenors as construction cost.

After the warehouse construction of this case, the Defendant and the Intervenor concluded a construction contract with the construction cost of KRW 210 million with respect to the construction of new housing on the land of this case (hereinafter “instant new housing construction contract”) (hereinafter “instant construction contract”).

E. Around March 6, 2014, the Intervenor commenced the new construction of the instant house; the new construction of the instant house was modified several times after the commencement of the construction; and the Intervenor and the Defendant agreed to increase the construction cost as KRW 230 million around June 2014.

F. From March 6, 2014 to July 14, 2014, the Defendant paid a total of KRW 206,00,000 as construction cost.

G. Until September 2014, the Intervenor performed the instant new housing construction project, and on September 17, 2016, the approval for use of the housing was granted.

[Grounds for Recognition] A. 5, 9, 10 Evidence, Eul 1, 6, 7, 8 Evidence, Byung 1 (including each number), witness F. witness testimony.

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