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(영문) 대구지방법원포항지원 2019.07.18 2017가단106730
공사대금 반환 및 손해배상 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 34,802,441 and its amount from January 16, 2018.

Reasons

1. Facts of recognition;

A. The relationship 1) The plaintiff's friendship C is the defendant, and the spouse of the defendant C is the defendant B, and the representative of the business registration of the "D" is the defendant B, and the defendant C is jointly managing the defendant B and the above company.

B. On May 29, 2017, the Plaintiff newly constructed a commercial-type two-story housing on the ground of Defendant C and Mapo-gu, Nam-gu, Seoul Metropolitan Government on May 29, 2017 (hereinafter “this construction work”).

(2) As to the Plaintiff, the Plaintiff prepared a new construction contract with the Defendant as “from June 25, 2017 to October 25, 2017” with the term “from Jun. 25, 2017 to Oct. 25, 2017,” and the parties to the contract stated Plaintiff D (Representative Defendant B). The Plaintiff calculated the monthly construction cost as KRW 150 million based on the premise that the total floor area of the newly-built house is 50,000,000, and set the total construction cost as KRW 150,000,000 (excluding value-added tax). The Defendants asserted that the total floor area of the construction was increased in the course of the preparation of the construction drawing and that the total floor area of the construction was increased to “63 square meters,” but it is apparent that the total floor area of the construction was 62.02 square meters in 205,00 square meters in calculating that it is 62 square meters.

(2) the Corporation has been granted a building permit.

3) From May 29, 2017 to September 8, 2017, the Plaintiff paid the Defendants the total amount of KRW 145 million over five occasions. (c) On October 21, 2017, the Defendant C, who terminated the instant construction contract, expressed that Defendant C expressed his/her intent not to proceed with the instant construction work in the Hca shop located in G on October 14, 2017, but the Plaintiff and Defendant C expressed their intent not to proceed with the said construction work on October 21, 2017 (Evidence 6). The Plaintiff and Defendant C expressed their intent not to proceed with the said construction work on the date of delivery at the said place on which October 21, 2017. On November 1, 2017, the Plaintiff also declared that it did not comply with the construction contract and the Plaintiff expressed its intent to terminate the construction contract on the basis of the content certification of the construction contract on November 1, 2017.

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