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(영문) 서울북부지방법원 2019.01.15 2017가단140883
공사대금
Text

1. The Defendant’s KRW 104,150,00 for the Plaintiffs and 5% per annum from December 6, 2017 to January 15, 2019.

Reasons

1. Basic facts

A. On April 10, 2017, D entered into a construction contract with F Co., Ltd. (hereinafter “F”) on the part of its co-ownership with respect to the construction work for the removal of existing ground buildings and the construction work for the construction of a building on the first floor and the sixth floor above the ground (hereinafter “instant construction work”) in Seoul Jung-gu, Jung-gu, Seoul (hereinafter “instant site”) and one parcel of land (hereinafter “instant building”) with its co-ownership.

B. D: F on April 26, 2017, KRW 50,000,00 as the instant construction contract deposit;

5.22.20,000,000

7.7. progress payment of the first 68,400,000 won;

7.28. 28. 105,200,000 for the second portion;

8. 18. Payment of the construction cost of KRW 20,000,000.

C. After that, F excluded D on August 19, 2017, and drafted a written contract for construction works of this case with Plaintiff B, E, other co-owners of the instant site, and the Plaintiffs agreed to change the size of the Defendant and new building, the representative director, into the first underground floor and fourth floor on October 12, 2017, and the Plaintiffs agreed to change the size of the Defendant and new building into the fourth floor on the ground.

I have re-established this paper.

The actual contents of the storage contract for the plaintiffs are as follows: "The condition that the unpaid 1.20 million won will be paid in advance. It is a condition that the existing 6th floor building be completed by modifying the existing 6th floor to the 4th floor, and construction expenses will be paid in cash, and the amount already paid shall be offset by the down payment, and the condition change is a contract that completes the construction of the 4th floor building with the total of 6.6 million won value added to the down payment and the total of 6.6

D. However, the part on the hand between the contract dated October 12, 2017 in which the plaintiffs kept and the contract dated October 12, 2017 and the contract dated October 12, 2017 in which the defendant kept and the part on the hand between Articles 2 and 3 are different as follows.

The actual entry in the Defendant’s custody contract provides that “The unpaid amount of KRW 1.20 million shall be paid in advance.”

It shall be completed by modifying the existing 6th floor building to the 4th floor.

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