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Reasons
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(영문) 대전지방법원 2017.09.08 2016나106610
공사대금
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1. Of the judgment of the court of first instance, the Defendants amounting to KRW 55,00,000 jointly and severally against the Plaintiff and the aforementioned amount from March 29, 2016.

Reasons

1. Facts of recognition;

A. At the time of May 22, 2010, the Plaintiff entered into a construction contract with H, Jinjin-gun E, and three lots of ground Kapet, the construction cost of which is KRW 2700,000,000 (excluding value added tax) and the construction period from May 26, 2010 to July 20, 2010. Since then, the Defendants acquired the said G from H and operated the said G to D, thereby changing the said carpet to “D.” (2) The Plaintiff paid the Defendants KRW 10,000,000,000,000,000 won as construction cost on May 222, 2010, and KRW 200,000,000,000,000,610, Jun. 24, 2010 to the Defendants.

(3) The Plaintiff is a new public corporation (hereinafter “new public corporation”) that received a contract from the Plaintiff for construction of a new carpet building from the Plaintiff (hereinafter “new public corporation”).

(2) On July 14, 2010, following the suspension of the above construction, the Kafa Corporation was also suspended around that time.B. Office construction contract 1) On July 28, 2010, the Plaintiff contracted the construction of an office on the Kafa-gun and one parcel between the Defendants and the Defendant, and thereafter, paid KRW 50 million on July 28, 2010 and KRW 10 million on July 29, 2010.

2) On July 28, 2010, the Defendants indicated the following descriptions to the Plaintiff (hereinafter “instant notes”).

1) The Defendants completed the construction work. They received an amount of KRW 50 million per day as the contract deposit for civil works and construction works of the above goods in F, Jin-gun, E, and set-off disposition 3, when the construction work of the office is resumed, the Defendants did not proceed with the construction work of the office, and D discontinued on September 30, 2010.

4) On April 1, 2015, the instant complaint stating the Plaintiff’s expression of intent to rescind the said contract for the construction of the said office was served to Defendant C, and on May 1, 2015, respectively to Defendant B. The instant complaint was served on each of the Defendant B on May 1, 2015. 【No dispute over the grounds for recognition, Party A’s evidence Nos. 1, 2,

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