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(영문) 인천지방법원부천지원 2014.10.07 2013가단24605
공사대금 등
Text

1. The Defendants are 22,314,317 won to each Plaintiff and 6% per annum from July 20, 2013 to October 7, 2014.

Reasons

1. Basic facts

A. On February 27, 2013, Plaintiff A entered into a construction contract with the Defendants on the following construction works (hereinafter “instant construction contract”) with respect to the construction works that newly build a general steel-frame building with a building area of 400.68 square meters and a total floor area of 785.16 square meters on the ground of 684 square meters owned by Plaintiff A, Kimpo-si, Kimpo-si (hereinafter “instant construction works”).

The scheduled date of completion: Contract amount of two months from the date of permission and commencement: 30 million won (excluding value-added tax): Contract deposit: The completed amount of 60 million won: The special agreement for payment at the time of completion of the slab of the floor of the first floor: The remainder of the construction cost shall be paid preferentially as lease deposit (200

B. Around February 29, 2013, the Defendants commenced the instant construction and executed the floor-based concrete construction works, such as the ground-breaking construction and floor concrete slab, from April 3, 2013 to April 3, 2013, but did not perform the following work. The Plaintiff’s attorney agreed on behalf of the Plaintiff to complete the construction of the beam beam on or after May 16, 2013 and December 27, 2013, and the Defendants did not proceed with the following work. This is obvious that there is no possibility of completing the construction works within the completion date due to the Defendants’ responsible reasons, or where it is deemed that the Defendants’ purpose cannot be achieved due to the Defendants’ breach of the contract terms, and thus, sent content-certified mail demanding the termination of the instant construction contract and the return of the settlement amount, and the above content-certified mail reached the Defendants at that time.

C. On February 28, 2013, Plaintiff A paid the Defendants KRW 30 million and KRW 15 million as the instant construction cost, KRW 10 million on March 19, 2013, KRW 10 million on March 21, 2013, KRW 10 million on March 21, 2013, KRW 10 million on March 27, 2013, KRW 79.5 million on April 8, 2013, and KRW 495 million on March 27, 2013.

Plaintiff

Until an agent notifies his intention to terminate the instant construction contract.

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