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(영문) 대구지방법원 2014.05.02 2013가합4436
공사대금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 29, 2006, the Plaintiff, who had been engaged in construction business with D lending the name of C, entered into a construction contract with the net F, which operated the inspection of E, and the G, Dong Young-si, a neighboring E, to establish H, a charnel house on G site. Of the terms and conditions of the contract, the parts related to the instant case are as follows.

Article 4 (Construction Method and Contract Price Provisions) (Article 4 (Construction Method and Contract Price Provisions)

1. Omitted;

2. Calculation (Determination of Gross KRW 50,000,000) of the construction amount: The construction amount per day shall be determined as KRW 50,000,000,000, which shall be determined as KRW 25,000,000,000 after the contract, shall be paid “B” (as in Article 4, the same shall apply from the total of Article 4) “B” (as in the case of a clerical error in writing in A; hereinafter in Article 4, the same shall apply) and the remainder of 25,00,000,000 shall be paid after H: (b) the total construction amount shall be paid after H: KRW 490,00,000,000,000 in daily gold period (as KRW 490,000,000), and the construction cost shall be paid as “A” and “B”, and the construction cost shall be paid as “B” and “B” after consultation.

(A) When preparing a separate contract, the amount of the construction shall be determined by property)

3. The value-added tax of the construction cost shall be separate, and expenses for sales advertisement shall be borne jointly;

4. 4.

5. In principle, the construction cost under Article 7 (Payment of Construction Price and Management of Proceeds from Sale) of the omission of Articles 5 and 6 shall be treated as the H sales revenue.

In principle, "B" shall be placed on "A" free of charge after building H, and "A" shall be paid in cash to "B" with the top priority from the time of the occurrence of earnings from H sale.

1. The cost of the construction of H (A) the distribution of the proceeds from the construction of H through the construction of H (b) and (c) the distribution of the proceeds from the construction of “B” is the top priority when the proceeds accrue.

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