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(영문) 청주지방법원 2014.02.20 2012가합4487
공사대금
Text

1. Of the instant lawsuits, the part demanding the payment of the construction cost of KRW 6,049,020 shall be dismissed.

2. The defendant shall make the plaintiff 28,068.

Reasons

1. Facts of recognition;

A. On May 201, the Plaintiff entered into a contract with the Defendant for the construction of two-story neighborhood living facilities (hereinafter “instant building”) on the ground of the Dansan-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant building”) (hereinafter “instant construction”) verbally and started the instant construction work around that time.

B. On August 30, 2011, the Plaintiff prepared an agreement with the Defendant that “the construction cost of the instant construction shall be KRW 220,000,000, and the construction period shall be up to October 31, 201,” and received the authentication of a deed signed by private persons with respect to the said agreement on the same day.

C. Since then, the Plaintiff completed most of the instant construction and delivered the instant building to the Defendant, and the Defendant obtained approval for the use of the instant building on December 29, 201.

D On April 23, 2012, with respect to the Plaintiff’s claim for construction price of KRW 16,529,000, among the instant claim against the Defendant, the Cheongju District Court rendered a provisional seizure order as to the claim of KRW 2012Kadan543, Cheongju District Court Branch. On June 7, 2012, the provisional seizure order was issued on the claim of KRW 2012Kadan1423, which was transferred the provisional seizure to the original seizure.

In revising the purport of the claim, the Plaintiff withdrawn the claim regarding KRW 16,529,00,00, which was issued by D, among the claims for construction cost of this case.

E. On February 18, 2013, where the instant lawsuit is pending, E received a claim attachment and collection order as the Cheongju District Court 2013TTT193 regarding KRW 6,049,020 of the instant construction cost claim against the Defendant against the Plaintiff, and the said claim attachment and collection order reached the Defendant on February 21, 2013.

F. At present, there are defects as set forth below in the building of this case.

(hereinafter referred to as "each defect" is specified by the sequence). [Attachment] cost of calculating the items for appraisal (units: source) of the non-construction 1 building, part of the non-construction 9,023,8452 walls of the stairs room and the ceiling water number 1,95,898 indoor cameras of the second floor.

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