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(영문) 수원지방법원여주지원 2015.04.23 2013가합2794
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of a contract for recognition;

3. Contract payment on December 2, 2012: 25 million won in the first intermediate payment on December 14, 2012: The remainder after subtracting the amount of the purchase and sale of the substitute land from the amount of the second intermediate payment on December 14, 2012 shall be paid simultaneously with the relocation of the road package after the completion of the public construction.

Balance: Not more than a week after the completion of all the construction works of KRW 25 million;

4. Of the construction cost, part of the intermediate payment is to be purchased at KRW 400,000 for the average of 400,000 and to be paid as part of the intermediate payment.

(200 square meters in one of the complexes shall be determined by agreement of the original and the defendant)

5. Period: Matters to be implemented during the period from December 2, 2012 to January 30, 2012;

6. In principle, the construction work should be performed after obtaining a private person’s notification from the Plaintiff by calculating the drawings and separate amounts with respect to the alteration of or additional construction work.

7. The construction cost shall include all the expenses necessary for the Corporation and shall include no additional expenses.

On December 2, 2012, the Plaintiff entered into a contract with the Defendant for a contract with the term “the instant construction project” (hereinafter “instant construction project”) with the cost of KRW 270 million for civil engineering works, access road works, mountainous district restoration works, and tree planting works on the land of the entire house site (hereinafter “instant land”). The main contents are as follows.

B. Pursuant to the instant construction contract, the Defendant paid the Plaintiff KRW 25 million as the down payment on December 3, 2012, and KRW 100 million as the intermediate payment on December 14, 2012 and on December 27, 2012, respectively, and additionally paid KRW 9.3 million on March 22, 2013.

C. On April 5, 2013, the Plaintiff prepared a “construction performance note” with the Defendant regarding the instant construction contract, and the content is as follows.

The construction contract concluded on December 2, 2012 between the Plaintiff and the Defendant is valid.

The Defendant paid to the Plaintiff the amount of KRW 80 million in lieu of the construction amount.

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