(영문) 서울서부지방법원 2020.04.23 2017가합31487

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(영문) 서울서부지방법원 2020.04.23 2017가합31487

공사대금

Text

1. The Defendant’s KRW 246,395,464 among the Plaintiff and KRW 229,895,464 among the Plaintiff, shall be from August 23, 2016 to April 23, 2020.

Reasons

1. Basic facts

A. The plaintiff is a company with housing construction business purposes, etc., and the defendant is a person who engages in construction business and real estate business under the trade name C.

B. 1) The original Defendant entered into the instant construction contract on or around August 26, 2015, the land D, E, and F owned by the Defendant (hereinafter “Griland”).

(2) On October 26, 2015, the Plaintiff entered into a business agreement with the Defendant to construct a new four household unit on the land in question (hereinafter “instant construction project”) with the Defendant for the construction cost of KRW 598,400,00 for the construction cost, and the construction period from October 26, 2015 to January 4, 2016 for the first construction contract (hereinafter “the construction contract”). The Plaintiff entered into a contract with the Defendant for the construction project (hereinafter “the first construction contract”). The business agreement incorporated into the said construction contract (hereinafter “instant business agreement”) under the following business agreement:

7.A (referred to the Defendant) shall pay the construction cost to B (referred to the Plaintiff) as follows:

(1) A shall pay the full amount of the construction cost in cases of sale in lots prior to the completion of a building, or transfer and takeover of a building, and in cases of sale in lots, he/she shall pay to B all the expenses related to the construction cost by causing a loan by taking land and a

8. Design expenses, supervision expenses, etc. shall be borne by A;

The same content is included.

3) On January 3, 2016, the Plaintiff entered into a contract for construction alteration with the Defendant for the extension of the construction period of the instant construction to May 31, 2016. 4) On May 30, 2016, the Plaintiff agreed to perform only three households among the Defendant and the four households of electric power resource housing, and agreed to reduce the construction amount to KRW 448,800,000 and extend the construction period to the end of August 22, 2016, on the ground of the change in “reduction treatment and extension of the construction period for one household of electric power resource housing”.

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