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(영문) 수원지방법원 2017.11.09 2016가단516932
공사대금
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) C and Defendant D are jointly and severally 45,874,229 won and 43,730.

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of 1/2 shares among the wife population E and F land (hereinafter “instant land”). Defendant C is a person who performs civil and construction works under the trade name of G, and Defendant D is a person who actually operates G to the husband of Defendant C.

B. The Plaintiff: (a) planned to construct a new house on the instant land after the construction of a part of the electric source house; (b) was in need of the site construction for the construction of a newly constructed electric source house; and (c) was introduced from the Defendant B to sell the electric source house.

C. On October 28, 2015, the Plaintiff entered into a contract with Defendant D and G for a site development project with the construction cost of KRW 67 million for the instant land (the contract amounting to KRW 20 million shall be paid at the time of the contract, and the intermediate payment of KRW 20 million shall be paid at the time of completion of the construction cost of KRW 40%, the remainder payment of KRW 27 million shall be paid at the time of completion of the construction work) and the construction period from October 28, 2015 to December 30, 2015 (hereinafter “instant construction project”).

On October 29, 2015, the Plaintiff paid KRW 10 million, KRW 10 million on November 2, 2015, and KRW 20 million in total to Defendant C, the nominal owner of G, as down payment.

On November 2015, the Plaintiff transferred KRW 30 million to Defendant B’s account on November 26, 2015, on the premise that: (a) there was a circumstance that the Plaintiff should return to the United States for a few months with the birth of the married couple in the United States; and (b) there was an anticipated return after the completion date of the instant construction; and (c) Defendant B should be paid according to the progress of the construction.

E. On November 26, 2015, Defendant B transferred KRW 18 million out of KRW 30 million transferred from the Plaintiff to G’s account, and sent the message to the Plaintiff that Defendant A received it. After which, Defendant D received the message from Defendant B on December 4, 2015, Defendant B received the instant construction cost of KRW 12 million from Defendant B to the Plaintiff on December 3, 2015.

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