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(영문) 수원지방법원 2014.06.17 2013가단93162
공사대금
Text

1. The Defendants shall pay 80,000,000 won to the Plaintiff and 20% per annum from February 12, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On August 22, 2011, E and one other registered the business under the Housing Construction and Sales Business Act, the name of F, the location of F, the 1st floor G, and the type of the business, among construction businesses.

B. As to the new construction (hereinafter “the instant construction”) of the Yeongdeungpo-gu G Multi-household Housing (hereinafter the instant housing, etc.) on August 25, 201 between F and the Plaintiff as of August 25, 201, the contract price was KRW 350,000,000 for the instant construction project, the commencement date shall be August 25, 201, and the completion date shall be August 31, 201, and the standard contract form for private construction works as determined by the Presidential Decree as of January 31, 2012 (hereinafter “the contract form of this case”).

C. On March 7, 2012, the head of the Gu for the purpose of using the instant housing. D.

From September 1, 2011 to December 31, 2011, Defendant A remitted the sum of KRW 22,770,000 to the account in the name of the Plaintiff between September 1, 201 and December 31, 201.

E. E died on September 17, 2013, and the Defendants, their children, succeeded to the rights and obligations of E.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1-3, and evidence Nos. 1-2, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) and E entered into the instant contract by preparing the instant contract document, and the Plaintiff completed the instant construction work in accordance with the said contract.

(2) However, E paid only KRW 270 million out of the construction cost of KRW 350 million.

(3) Therefore, the Defendants, the inheritors of E, shall pay the Plaintiff the unpaid construction cost of KRW 80 million (i.e., KRW 350 million - KRW 270 million).

B. Defendant A, C, and D’s assertion (1) actually contracted the instant construction to H, not the Plaintiff, but the Plaintiff. However, since H was leased and used the Plaintiff’s license, it is merely a fact that the Plaintiff prepared the instant contract form in the name of the Plaintiff.

(2) The instant construction was actually conducted by H, and H was in possession of a passbook in the name of the Plaintiff and was transferred part of the construction cost from the Defendant’s account in the name of the Plaintiff, and the remainder.

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