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(영문) 울산지방법원 2017.12.14 2016가합2181
공사대금
Text

1. The Defendant’s KRW 150,500,000 for the Plaintiff and 5% per annum from November 1, 2016 to December 14, 2017.

Reasons

Recognizing the facts, the pertinent Plaintiff is a person engaged in the manufacturing and installation of windows, metals, etc. with the trade name of “C,” and the Defendant is the owner of the instant loan (hereinafter referred to as “instant loan”) newly built on the ground, other than D, Ulsan-gun, and six parcels (hereinafter referred to as “instant site”).

On February 20, 2016, the Plaintiff entered into a construction contract with the Defendant on February 20, 2016, with respect to the construction contract for the construction project with respect to the windows and metal construction (hereinafter “instant construction contract”). The main contents are as follows.

1. Construction name: An urban-type residential house (hereinafter referred to as "solar apartment house creation and metal");

2. The place of construction: D, non-six parcels in Chungcheongnam-gun, Ulsan-gun, and the like.

3. Total floor area: 644 square meters;

4. Construction cost: 215,000,000 won (excluding value-added tax);

5. Method of payment: Payment by means of a payment in kind (loan A 302: Value of 150,000,000) and the balance shall be made as an intermediate payment in kind;

6. Construction materials: Inspection of a contractor, and defect security: After completion.

7. Date of commencement: On March 21, 2016, the date of completion: Article 2 (1) of the Act on April 25, 2016 (Liability of the Defendant); (2) The Defendant, simultaneously with the contract, shall pay the Plaintiff the sales price in full with the payment for the construction cost under subparagraph 302 at the same time. (2) The balance of the construction cost, other than payment, in kind, shall be paid to the Plaintiff as an interim payment for completed portion.

3) There is no objection to the Plaintiff’s appropriation of the construction cost to the construction cost upon sale or loan by the Plaintiff. 4) The Defendant did not raise an objection to the ownership by transferring the final nominal owner of Before payment in kind to the Plaintiff and exercising ownership.

5) The Defendant is not liable for the expenses incurred in the transfer, etc. of quasi-loans by payment in kind. 6) If the Defendant’s loan No. 302 of the construction cost paid to the Plaintiff was not disposed of within one month after the completion of construction, the Defendant offered real estate as security and then repaid the amount to the Plaintiff with the loan granted.

Article 3 (Liability of the Plaintiff)

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