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(영문) 인천지방법원부천지원 2015.06.19 2014가합6113
양수금
Text

1. The Defendant’s KRW 158,00,000 as well as 5% per annum from August 19, 2014 to June 19, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. In relation to the construction of a new city-type residential house and officetel (hereinafter “instant construction”) in Bupyeong-gu, Incheon, Bupyeong-gu, Seoul, and D ground urban-type residential housing and officetels (hereinafter “instant construction”), a construction contract was concluded between B and B, the owner of the building on October 28, 201, with the content that the construction price shall be KRW 2 billion,67,450,000 (including value-added tax).

B. On December 12, 2012, Co., Ltd., Co., Ltd., Co., Ltd., Ltd., Ltd., entered into an agreement on transfer and takeover of business rights with the content of acquiring the instant construction site from HS Construction in KRW 415 million.

C. B entered into a contract between B and the Defendant on January 28, 2013, between the Defendant and the construction cost of KRW 1,943,348,400 relating to the instant construction project.

On February 2013, on the ground of the conclusion of the contract for construction works with friendly Construction and the Defendant, the Defendant demanded friendly Construction to accept the said construction at the instant construction site on the ground of the contract for construction works with friendly Construction and the Defendant (hereinafter “instant agreement”) and the Defendant agreed on April 3, 2013 as follows (hereinafter “instant agreement”).

In the construction of urban residential housing and officetels at the above location, the aggregate construction cost, including the aggregate construction cost of KRW 38 billion in total, is agreed at KRW 38 billion in total, and the wages and all the materials cost of the steel-frame pelpel and all the materials cost, which had been progress until the completion of the structural construction of the first floor floor, will be borne by the aggregate construction.

From February 15, 2013, the construction cost of the Dominia Construction project, which was undertaken before the construction contract with the owner of the building and the owner of the building.

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