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(영문) 인천지방법원 부천지원 2018.09.19 2018가단107321
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 67,920,00 and the interest rate of KRW 15% per annum from May 11, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On March 10, 2017, the Plaintiff appears to have entered into a written contract with the Defendant with the lower purchase price of KRW 160,000,000 and KRW 35,000,000,000, in the amount of KRW 3271/14284, out of the amount of KRW 14284,00,000, in Sisi-si Forest, and that the Plaintiff and the Defendant concluded the instant contract with the lower purchase price of KRW

In light of the fact that an application for registration of the actual transfer was received on June 30, 2017 on or around June 27, 2017, the Plaintiff appears to have paid the remainder on June 27, 2017.

c.3. This Agreement is subject to any transfer, including all facilities and trees at the time of the contract.

4. In the event of civil or criminal problems resulting from the change of the form and quality resulting from the construction of block-building works for land for sale and purchase, E, the contractor, shall be liable for the remainder before the remainder date, and E, the contractor, shall be fully liable when any balance occurs after the remainder date.

(On the other hand, if a problem occurs due to the buyer's act after the remainder date, the buyer shall be responsible).

Meanwhile, the Defendant awarded a contract to Nonparty E for reinforcement and construction, and E completed the above construction around January 2017, and the Plaintiff paid KRW 67,920,000 to E for reinforcement and construction costs around June 30, 2017.

C. On June 8, 2017, Si interesting City: Provided, That it appears that the Defendant did not notify the Plaintiff of the fact that Si interest notified of the order of restoration to its original state until the balance is paid.

On January 18, 2018, the defendant notified the defendant of his restoration to the original state on the ground that the defendant illegally changed the form and quality of C forest in Si interest.

[Ground for Recognition: Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 through 6, the whole purport of pleading]

2. The gist of the Plaintiff’s assertion is the cause of the instant claim, and the Plaintiff paid the amount of the Reinforcement Construction Work to E, even though the Defendant had agreed to assume the responsibility if the problem arises due to the Reinforcement Construction before the remainder date.

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