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(영문) 수원지방법원 2019.11.13 2018가합19050
채무부존재확인
Text

1. On July 13, 2018 to November 13, 2019, the counter-defendants jointly share KRW 98,204,916 and against this, the counter-defendants jointly share the amount of KRW 98,204,916.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap evidence 2, 3, and 4, and Eul evidence 2 (including provisional numbers, the same shall apply hereinafter);

(2) Each entry and the purport of the whole pleading

A. On November 10, 2016, the Plaintiff entered into a contract with the Defendants for the construction of neighborhood living facilities and detached houses (hereinafter “instant building”) on the ground of the Young-gu, Suwon-si (hereinafter “instant construction”) with the Defendants on which the contract was concluded between November 14, 2016 and September 13, 2017 (hereinafter “instant contract”) and that the said contract was awarded as KRW 1,709,000,000 during the said period (hereinafter “instant contract”).

7. Advance payment: 10% of the contract amount; and

8. 80% of the contract amount (payment in each month), 10% of the contract amount (payment in each month); 11. The rate of liquidated damages for delay: 1/1000

B. The Defendants obtained approval for the use of the instant building on April 13, 2018, and completed registration of ownership preservation on April 17, 2018.

2. Determination on the cause of the claim

A. According to the facts of recognition as above, the Plaintiff was awarded a contract for the instant construction work by the Defendants, and completed the instant building on or around April 13, 2018, and accordingly, the Defendants should pay the Plaintiff the construction cost of KRW 1,709,000,000.

However, the Plaintiff is the person to whom part of the Plaintiff was paid, and the defect repair cost of the instant construction and the purchase cost of the household unit on behalf of the Plaintiff should be deducted from the construction cost. The Plaintiff claimed that each of the above money should be deducted, and the damages for delay should be first appropriated for the payment of the damages for delay as of May 28, 2018, and the remainder should be appropriated to the principal, and thus, the Plaintiff

B. (1) The calculation of the unpaid construction cost (1) is KRW 1,225,583,630, paid from May 31, 2017 to March 30, 2018, and KRW 38,148,254 as the repair cost of the instant construction work, and KRW 445,268,116, 116 = 1,700,000 - 1,225,583,630 - 38,148,254.

(2) The Defendants borne on behalf of the Plaintiff around January 26, 2018.

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