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(영문) 대구지방법원경주지원 2016.12.01 2016가단281
대여금
Text

1. The Defendant’s KRW 92,898,500 as well as 5% per annum from March 4, 2016 to December 1, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On August 27, 2014, the Plaintiff entered into a construction contract with the Defendant for construction cost of KRW 200,000,000 for access road construction works, from August 27, 2014 to December 31, 2014. On March 27, 2015, the Plaintiff entered into a construction contract for the said A’s land rearrangement and civil construction works, with the construction cost of KRW 115,00,000 and the construction period from March 27, 2015 to May 31, 2015 (hereinafter “each of the instant construction contracts”).

B. The Plaintiff completed construction works under each of the instant construction contracts around June 2015.

[Judgment of the court below] Facts without dispute, Gap's evidence of subparagraphs 1 through 7, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The following circumstances are acknowledged based on the overall purport of statements and arguments as to the Plaintiff’s portion of the Plaintiff’s claim for the additional construction cost: (a) the Plaintiff sent to the Defendant on November 5, 2015, including not only the construction cost under the instant construction contract, but also the construction cost of KRW 27 million under the additional construction contract as of December 20, 2014, and KRW 20 million under the additional construction contract as of April 30, 2015; (b) the Defendant appears to have not raised any special objection thereto; and (c) the Plaintiff presented a confirmation document to the effect that there was no additional construction work contract as of December 20, 2014, and that there was no additional construction cost, including KRW 27 million, and KRW 20 million, as of April 30, 2015. The Plaintiff appears to be included in the Plaintiff’s additional construction contract as of December 20, 2014.

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