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(영문) 창원지방법원 2016.10.06 2015가단71972
공사대금
Text

1. Defendant B’s KRW 82,069,50 for the Plaintiff and KRW 6% per annum from March 4, 2015 to October 6, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company running the construction business, and Defendant B is the owner of 6,986 square meters of forest E in Yangyang-si (hereinafter “instant land”). Defendant C is the largest wife of Defendant B, and Defendant D is the wife of Defendant B.

B. On September 19, 2014, the Plaintiff entered into a construction contract with Defendant B to construct housing by setting the construction cost of KRW 170 million on the right side of the second part of the instant land (excluding value-added tax) and the construction period from September 19, 2014 to December 28, 2014.

(hereinafter “former Construction Contract”). Under the said contract, the Plaintiff commenced construction works on September 22, 2014 in the part of the instant land.

C. On October 29, 2014, the Plaintiff commenced construction work on the part of the instant land, and entered into a construction contract with Defendant B to construct housing by setting the construction cost of KRW 150,000,000 on the ground right-hand side of the said part of the instant land as between November 10, 2014 and the construction period from November 10, 2014 to February 28, 2015.

The term "the first construction contract" is "the second construction contract", and the term "the second construction contract" and "the second construction contract of this case" are "each construction contract of this case".

(D) After the Plaintiff completed each of the instant construction works on the ground of the first and second parts of the instant land, but around January 21, 2015, the construction was suspended on the ground that the payment of the construction cost under each of the instant construction contracts was delayed. Meanwhile, the Defendant B paid KRW 20 million to the Plaintiff on October 15, 2014 as the construction cost under the single construction contract, KRW 17,000,000,000 on October 17, 2014, KRW 60,000,000 on October 24, 2014, KRW 200,000,000 to the Plaintiff on October 24, 2014, KRW 14,000,000 to the Plaintiff on November 14, 2014, KRW 160,000 to the Plaintiff on December 16, 2014, KRW 160,016.

each entry and video of this Court, and any appraiser F of this Court.

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