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(영문) 대전고등법원 2017.10.25 2017나11115
공사대금
Text

1. The judgment of the first instance court, including any addition and reduced claims, shall be amended as follows:

Reasons

(a)the cost of the deposit and the water supply, gas supply, and design shall be borne by the amount of the deposit;

2. Amount entrusted with construction: Slon (Won 4,00,000,000), VAT separately (including land proceeds).

3. Payment method of construction cost of an enterprise by various process: 1.0 billion won (Won 1,050,000,000) on June 16, 2012 Doo (Won 50,000,000) on June 29, 2012; 3.00 million won (Won 350,000,000) on loans of KRW 350,000 (Won 650,000,000): On July 30, 2012, the Plaintiff shall receive rental deposit and transfer deposit money of KRW 100,000 (Won 100,000,000) on August 30, 2012 (Won 50,000,000 Doon 300,0000, 3000,0000 won (Won Doon 500,000,000) on sale deposit;

A) The period of warranty liability is one year after issuance of the completion certificate. All materials are KS specifications. The loan interest rate up to the completion date must be borne by the Plaintiff. The Defendant bears the sales commission. * The contract is drawn up in one place, and K (G) will keep the same until completion date. On June 25, 2012, the Plaintiff and the Defendant entered into a contract with the following terms including the above sales contract on the instant land (a evidence No. 2; hereinafter “instant contract”).

The Defendant completed the instant construction project on October 4, 2012, completed the registration of ownership transfer on the instant land.

Around that time, the name of the owner of the building of this case was changed to the defendant.

The Defendant obtained approval for the use of the instant building on June 20, 2013, and completed registration of ownership preservation on June 27, 2013.

The Plaintiff received, as the price for the instant contract, KRW 50 million from the Defendant on June 17, 2012, KRW 350 million on June 29, 2012, KRW 100 million on July 30, 2012, KRW 50 million on July 30, 2012, and KRW 500 million on October 4, 2012. On January 29, 2014, the Plaintiff borrowed KRW 15 million from the Defendant from the Defendant, and appropriated it as the price for the instant contract, and KRW 150 million on May 15, 2014, KRW 150 million on the instant contract.

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