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(영문) 서울중앙지방법원 2017.03.22 2015가합24336
공사대금
Text

1. The Plaintiff, and the Defendant (Appointed Party) shall pay to the Plaintiff KRW 247,429,09,00 and the interest rate thereon from April 14, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On April 17, 2012, the Plaintiff drafted a contract for construction works (hereinafter “instant building”) with the content that the Plaintiff newly constructs one building (hereinafter “instant building”) in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant building”). On the same day between D and D, the Plaintiff drafted a contract for construction works (hereinafter “instant building”) with the content that the Plaintiff constructs one building (hereinafter “instant building”) in F (hereinafter “instant construction work”) (hereinafter “instant building”) between D and D.

The common contents of the contract for the First and Second Contracts are as follows.

(2) Contract amount: 877,750,000 won (including value-added tax). (3) The warranty bond rate of 2%: One year.

B. While the instant construction is underway, the name of the owner of the instant building No. 1 was changed from B to C to the selected person.

C. On August 23, 2012, approval for the use of the instant building was granted by the competent authority.

On September 6, 2012, the Defendant drafted a written confirmation (hereinafter “instant written confirmation”) stating that “The payment of bank loans shall be made up by September 14, 2012 with respect to the construction cost of building on the ground of Dotsan-gun, Ulsan-gun, with respect to the construction cost of building on the ground of the instant construction project (hereinafter “instant written confirmation”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each number, if any; hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion 1) The Plaintiff entered into a contract for the instant construction work with the Appointor B and the instant 1, respectively, and completed the instant construction work according to each contract. Accordingly, the Appointor B and D are liable to pay the Plaintiff the respective construction cost under each contract for the first and second contracts. 2)

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