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(영문) 대전지방법원천안지원 2015.02.05 2013가단24364
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,320,000 and the interest rate thereon from March 22, 2014 to the date of full payment.

Reasons

1. Comprehensively taking account of the witness evidence Eul evidence No. 1 (including the paper number; hereinafter the same), the Defendants concluded a contract to build two detached houses on the ground of the wife population E as of April 3, 2013 with D, and the construction cost is KRW 346,00,000, the date of commencement is April 15, 2013; the date of completion is agreed on July 2013; the following special agreement was concluded (hereinafter “instant housing construction contract”); and D is recognized only to the structural construction among the instant housing construction works.

1. The owner of a building (the defendants) shall prepare for progress payment of KRW 40,000,000 as progress payment and pay it to D in installments until the completion of the structural frame.

2. Awarding the land under the name of the owner (defendants) of the building located in the Seocheon-gun in Gangwon-do as a collateral security (D at the time when D wishes): Provided, That the establishment shall be cancelled at the time of sale and purchase of land in the Seocheon-gun, the construction cost is paid;

3. A project owner (defendants) shall treat any balance of construction costs by lending, trading or leasing a newly constructed single house after completion;

4. A retaining wall construction shall be adjusted separately;

(B)

2. The parties' assertion

A. The Plaintiff’s assertion concluded a contract with the mother G of the Defendants who represented by the Defendants on the instant housing construction work (hereinafter “instant reinforcement construction”).

After completing the instant reinforcement soil construction, the Plaintiff finally settled the construction cost of KRW 45,320,00 in total with KRW 120,000 in one square meter between the said G and the said G.

The Plaintiff received KRW 15,00,000 from the Defendants.

Therefore, the Plaintiff seeks payment of the remaining construction cost of KRW 30,320,000.

B. The Defendants asserted that the instant reinforced soil was included in D at the time of entering into the instant housing construction contract, and thereafter, D paid 100,000,000 won in total for the instant reinforced soil construction cost and housing construction cost.

Therefore, the Defendants are not obligated to pay the Plaintiff the instant reinforced soil works.

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