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(영문) 대구지방법원김천지원 2020.11.11 2019가단37874
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found, either in dispute between the parties, or in full view of the purport of the entire pleadings as to the entries in Gap evidence Nos. 1, 2, 4, 1, 2-1, 3-2, 3-1, 2, 3, 4, 5, and 4.

On August 29, 2017, the Defendant concluded a construction contract between Kimcheon-si D (hereinafter “instant new house construction contract or “instant new house construction contract”) with respect to the new house construction works located in Kimcheon-si, setting the contract amount of KRW 450,00,00 (10% of the contract amount, KRW 30% of the contract amount, KRW 30% at the time of the completion of aggregate construction works, and KRW 30% after the completion permission), and the construction period from September 15, 2017 to December 30, 2017, which C intends to execute (hereinafter “instant new house construction contract”).

B. On August 31, 2017, the Defendant paid C KRW 45,00,00 as the down payment of the instant housing construction contract, and paid KRW 50,000,000 on September 26, 2017, and KRW 50,000,000 on October 13, 2017, and KRW 50,000,000 on November 5, 2017, and KRW 50,000 on February 14, 2018, and KRW 4,50,00,000 on March 222, 208, and KRW 30,000 on April 16, 2018, and paid KRW 200,500 as the price of each of the instant new construction works.

C. However, around May 31, 2018, the Defendant paid at least the amount specified in the instant contract for the new housing construction project on or before May 31, 2018, but the process is at least 40% until May 31, 2018, and the goods, materials, human resources, etc. invested in the construction project is to be completed until August 30, 2018, and the Defendant promises to disclose the details thereof to the Defendant and perform his/her obligations in accordance with the terms and conditions of the contract, and if the construction is not performed, the Defendant would pay KRW 210,00,000 to the Defendant by August 30, 2018.

On the other hand, between October 30, 2017 and C, with respect to the supply and installation of red cryp female structures among the instant new housing construction works, the Plaintiff shall determine the contract amount of KRW 153,00,000 and the construction period until November 30, 2017.

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