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(영문) 대전지방법원천안지원 2014.11.14 2013가합5438
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is entitled to 72,933.

Reasons

1. Facts of recognition;

A. On July 19, 2012, the Defendant entered into an agreement with B and C (hereinafter “C”) on the content that the Defendant would develop, as a residential site, a parcel of land (hereinafter “instant parcel of land”) outside the ASEAN owned by the Defendant, as well as the sales business of the instant land to B and C (hereinafter “instant agreement”). The key content of the instant agreement is as follows.

The purchase price of land shall be calculated by KRW 3700,000,000 ( KRW 3,700,000), and the payment of the purchase price shall be made in the order of priority to the defendant through the sale by lots.

B. The initial funds required for various authorization and permission costs, design costs, removal and civil engineering works shall be 30,000,000 won ( e.g. 300,000,000) in which the Defendant provided the above land as security and the obligor shall be B and C.

(c) The repayment of a loan shall be made under the responsibility of B and C, and shall be made in full after the payment of land price is made.

Review of the project plan and feasibility.

5. C representative director, E management and operation B and C representative director, of E representative director, and E representative director, of E representative director of E representative director of contractor and E representative director;

B. B and C concluded a construction contract between the Plaintiff and the Plaintiff on August 7, 2012 with a view to developing the instant land as a residential housing site pursuant to the instant agreement, with the content that the construction cost of the civil works on the instant land is KRW 360,000,000 (Additional Tax), August 7, 2012, the date of commencement, the date of completion, and January 30, 2013, which is the contract cycle for the Plaintiff (hereinafter “instant contract for the construction of civil works”). The contract form for the construction of the instant land is written “two persons, B, and C of the Defendant’s land development agent.”

C. After October 15, 2012, the Defendant: (a) between the Plaintiff and the Plaintiff on the instant land, the construction work for the construction of the third floor detached house and multi-family house on the instant land is KRW 690,000,000 for the construction cost; (b) October 15, 2012 on the date of commencement; and (c) January 30, 2013 on the date of completion; and (d) determined the period of contract to the Plaintiff.

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