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(영문) 대구지방법원포항지원 2016.07.12 2014가단4857
공사대금
Text

1. The Defendant’s KRW 51,657,008 as well as the Plaintiff’s annual rate from June 13, 2014 to July 12, 2016.

Reasons

1. Facts of recognition;

A. On January 23, 2013, the Plaintiff entered into a construction contract with the Defendant for the construction of the Nam-gu C neighborhood living facilities and multi-family houses (hereinafter “instant construction contract”) with respect to the construction of the instant construction project (hereinafter “instant construction project”) with the content of the construction cost of KRW 350,000,000, and the construction period from January 31, 2013 to May 30, 2013 (hereinafter “instant construction contract”). The instant construction project completed the instant construction project within the construction period, and delivered the instant building constructed by the instant construction project (hereinafter “instant building”). The instant construction contract includes special terms and conditions as follows:

Special Terms and Conditions 1) - Out of the first and second stories (the interior of the floor), including the interior studio, - the interior studio of the floor - the studio of the first floor - the studio of the second floor - the studio of the first floor - the studio of the second floor - the studio of the second floor - the studio of the second floor of the second floor of the housing - the studio of the first floor of the fourth floor of the housing - the studio of the second floor of the first floor of the housing - the 3,000,000 straws, lighting 2,00,00,000 - THK K 70 tons' tons of the second floor of the second floor, the 24m/mn glass of the floor, the 24m/mn glass and water supply - the separate estimate of the construction - separate out of the industrial accident insurance - separate estimate of the construction charges.

B. From February 1, 2013 to January 29, 2014, the Plaintiff received a total of KRW 280,000,000 from the Defendant as the instant construction cost, and the Defendant directly paid KRW 9,80,000 to D, the subcontractor of the instant construction work.

C. On July 16, 2013, the Plaintiff paid 484,000 won for electric facilities charges to be borne by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. Determination

A. The defendant of the instant construction contract asserts that the party to the instant construction contract is not the defendant, but E, and thus, it is reasonable to interpret the intent of the party involved in the contract.

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