(영문) 춘천지방법원 2016.07.15 2015나4751 | 리걸엔진

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(영문) 춘천지방법원 2016.07.15 2015나4751

공사비 등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On October 1, 2012, the Plaintiff entered into a contract with the Defendant to conclude a contract with the Defendant for housing site creation work (hereinafter “instant construction contract”) with the Defendant on five parcels of land (hereinafter “instant land”) including the Hancheon-gun, Hongcheon-gun, Hongcheon-gun, 15 square meters, and D previous 1,759 square meters, which are owned by the Plaintiff (hereinafter “instant land”). The main contents of the instant construction contract between the Plaintiff and the Defendant, attached to the instant construction contract, are as follows:

(1) Details of the construction project in this case

1. Roads shall be constructed at the center of a site and connected to each parcel;

2. A stable shall be installed in the dump of a parcel partitioned;

3. The height of a stable shall be from 2 meters to 2.5 meters;

4. A stable shall be he/she he/she stockpiled stone, and materials shall be borne by the project owner;

7. The date of air shall be two months, but the project owner may not file a civil or criminal claim for damages against the contractor, even though he/she has failed to complete the project within the air period.

Provided, That 10% of the construction cost shall be the amount of compensation when the construction is not completed (90 days) from three months to 3 months.

(2) Construction cost

1. The construction cost shall be KRW 180 million;

2.The down payment shall be KRW 100,000 ( October 5) and the Corporation shall pay the intermediate payment of KRW 40,000,000 after the progress of 50%, and shall complete the work by paying the remainder of KRW 40,00,000 after the progress of 95%.

B. On December 27, 2012, the Plaintiff paid KRW 70 million to the Defendant, thereby paying a total of KRW 175 million out of the instant construction cost. On the same day, the Defendant prepared and issued to the Plaintiff a receipt for KRW 175 million and a letter of undertaking containing the following contents (hereinafter “instant letter”).

The letter of commitment of this case

2. 175 million won out of the total construction cost of KRW 180 million shall be paid, and 5 million shall be paid out of the total construction cost of KRW 180 million after completion of the construction when there is no defect by the end of April 2013 due to defect repair in April 2013 and the completion shall be paid in five million won following the completion of the construction.

(e).

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