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(영문) 수원지방법원 2016.12.14 2016나8661
공사비반환
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff owned a building on the land of the wife population D, which was agreed with the representative director C to the Defendant Company as a contract period for the construction of an additional building on the said land and its neighboring land (hereinafter “instant construction”).

B. The Plaintiff’s KRW 3,00,000,000 on April 2, 2013 to Defendant C;

4. Each loan was lent KRW 17,000,000 on August 18, 198, and the Defendant C agreed to substitute the said loan as the down payment for the instant construction contract.

C. On April 24, 2013, the Plaintiff and the Defendant Company concluded a contract for the following (hereinafter “instant contract”).

The following project owner: The project owner may adjust the construction period on July 1, 2013 after the completion of the construction period (four months) for the non-permanent extension of construction period, depending on the circumstances of the project owner.

Contract amount: Contract amount for the payment of value-added tax of KRW 190,000,000 for separate purchase: The intermediate payment and remainder shall be paid in consultation in accordance with the construction schedule at the time of concluding the contract of KRW 20,000,000.

Liability period: 2/100% for liquidated damages for two years:

D. For the payment of the instant construction cost, the Plaintiff KRW 1,00,000,000 on April 26, 2013, to Defendant C’s account at Defendant C’s wife E;

5. 27. 4,00,000 won was deposited respectively.

E. On June 5, 2013, the Plaintiff and the Defendant Company agreed to add the construction content to the initial agreement, and the Plaintiff paid the design cost of KRW 3,000,000 to the design office, and the design was completed around September 2013.

According to the above design, the Plaintiff and Defendant C agreed to increase the construction cost of the instant construction in KRW 230,000,000.

F. On November 28, 2013 to December 24, 2013, the Plaintiff paid KRW 57,000,000 to the Defendant Company as construction cost.

The Defendant Company commenced the construction of the instant case from the time of receiving the said money, but discontinued on January 2014, and resumed on May 2014.

The Plaintiff paid the construction price of KRW 38,000,000 in an additional amount from August 14, 2015 to August 26, 2014.

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