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(영문) 울산지방법원 2014.06.13 2012가단30976
공사잔대금
Text

1. The Defendant’s KRW 52,648,00 for the Plaintiff and 5% per annum from September 26, 2012 to June 13, 2014.

Reasons

1. Facts of recognition;

A. On April 8, 2009, the Plaintiff entered into a construction contract with the Defendant for the construction work of constructing the 1,507,000,000 construction cost (including additional taxes; hereinafter the same shall apply) of the 4th floor above the ground and the 4th floor above the ground (hereinafter “instant construction work”) on the land B in Gyeyang-si, Yangsan-si, with the construction work period fixed from April 13, 2009 to November 30, 2009 to the Defendant as the contract cycle.

B. On October 12, 2009, the Plaintiff entered into a contract with the Defendant for construction work in this case as KRW 1,347,500,000 from KRW 1,507,00 to KRW 1,347,50,000, and entered into a contract for construction work modification as of November 30, 2009 to January 31, 2010, and then re-written a written contract for construction work accordingly. On January 30, 2010, the Plaintiff and the Defendant again entered into a contract for construction work in this case as of January 30, 2010 to change the construction work price into KRW 1,311,20,000, and the construction completion date as of March 20, 2010.

C. Around March 2010, the Plaintiff completed the instant construction and approved the use of the instant building at that time. On April 7, 2010, the Defendant made a registration of preservation of ownership in the name of the Defendant on the instant building.

From September 30, 2009 to August 27, 2010, the Plaintiff received a total of KRW 360,000,000, including down payment, from the Defendant. After the construction of the building of this case, the Plaintiff sold the third floor of the building of this case to another person as payment in kind from the Defendant. After the construction of the building of this case, the Defendant sold the fourth floor of the building of this case to another person. The Plaintiff received the sales price from the Defendant. As above, the Plaintiff received the sales price of the third floor and fourth floor of the building of this case from the Defendant. The construction price received by the Plaintiff by selling the third floor and fourth floor of this case is KRW 810,00

[Ground of recognition] The descriptions of Gap evidence Nos. 3, 4, Eul evidence Nos. 1, 2, and 3 (including paper numbers), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s remaining construction cost = 1,311,200,000 won = 1,311,200,000 won - 360,000.

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