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(영문) 창원지방법원 2017.08.24 2016가합55165
공사대금
Text

1. The Plaintiff:

A. As to KRW 105,527,946 and KRW 98,049,314 among them, Defendant B shall be from April 9, 2016 to August 24, 2017.

Reasons

1. Facts of premise;

A. The Plaintiff is a person who produces and installs heating apparatus with the trade name of “D”, Defendant B is a person who produces and installs a diversating farm at the Erith of Kimhae-si, and Defendant C was a person who produces a diversing farm at the Frist of Kimhae-si, Kimhae-si.

B. As of December 29, 2009, G engaged in a farm in Defendant B, C, and neighboring areas: (a) drafted a standard contract for the sale and installation of heating apparatus with H (hereinafter “H”) to install electric heating apparatus in each farm; and (b) a notary public on October 6, 2010 received a notarized act from a law firm Kimhae-Wn.

(2) Defendant B’s contract is based on the following: (a) the heating apparatus installed in accordance with the “this case’s 1 heating apparatus installation contract”; (b) the Defendant C’s contract is based on the “this case’s 2 heating apparatus installation contract”; and (c) the heating apparatus installed in accordance with the Defendant C’s contract.

On November 24, 2010, the Defendants and H confirmed that the Plaintiff has borne most of the construction costs of the heating installation contract in the instant case, and drafted a written undertaking of payment of construction costs with the Plaintiff’s consent.

On November 10, 201, the Plaintiff, the Defendants, and H concluded a contract for transfer of the right to a construction contract from H to the Plaintiff on November 10, 201, respectively.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including branch numbers), witness I's testimony and the purport of the whole pleadings

2. Judgment on the main and ancillary claims against Defendant B

A. 1) On the other hand, the Plaintiff’s assertion that the cause of the claim is: (a) in the event that Defendant B receives compensation for the heating apparatus, the amount of compensation would be KRW 80,000 per square meter regardless of the amount of compensation; and (b) in the event that the compensation procedure is absent or is not carried out, the amount would be paid as KRW 60,00 per square meter; and (c) Defendant B agreed to pay compensation as KRW 60,000 per square meter.

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