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(영문) 인천지방법원 2020.06.16 2018나67469
공사대금등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff as to the defendant C, which constitutes the following amount of payment:

Reasons

1. Facts of recognition;

A. The plaintiff is an individual entrepreneur who runs the building business.

Defendant B owns the 498 square meters of forest E in Ansan-si, Ansan-si (hereinafter “instant 1 land”); and Defendant C owns 354 square meters of forest land F. 354 square meters of forest land in Ansan-si (hereinafter “instant 2 land”).

B. Around April 2016, Defendant B and C entered into a construction contract with H to newly construct each single house with the amount of each construction cost of KRW 120,000,000 on the ground of the instant land Nos. 1 and 2.

C. On July 20, 2016, Defendant B again entered into a construction contract with the Plaintiff and Defendant D for the construction of a detached house on the ground of the instant land (hereinafter referred to as “instant construction contract”) with the content of constructing a detached house on the ground of the instant land (hereinafter referred to as “instant construction project,” and the said contract is referred to as “instant construction contract”). The main contents are as follows.

5. Contract amount: 120,000,000 won (excluding KRW 4,00,000 per square meter on the basis of the permitted area, and value-added tax).

6. The method of payment for the first advance: 10,00,000 won, and transfer to the account of I. (2) Transfer to the account of 20,000,000 won after 15th day after the completion of the framework construction work, and I. (3) The third advance payment: Sale contract and the part payment. (4) The balance and the bank loan (which shall be settled within 15 days after issuance of the completion certificate).

7. Terms and Conditions of the Special Agreement (1) The owner B and the payment guarantor D shall be the owner “A”.

(2) The plaintiff shall be referred to as "B".

(12) “A” shall consult with “B” in paying the construction cost.

In principle, a construction material supplier and a subcontractor who provides services shall be deposited directly.

(14) For wooden team G, 620,00 won per square meter unit price and 620,000 won shall be calculated and settled by "A".

The amount payable to a wooden team is the amount included in the contract cost. The payment guarantee of Defendant B: Defendant D

D. The Plaintiff continued the construction of a new detached house on the ground of the instant construction project and the instant land No. 2 (hereinafter “instant construction project”).

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