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(영문) 인천지방법원부천지원 2014.10.22 2013가합620
공사대금
Text

1. The Defendant amounting to KRW 475,097,542 to the Plaintiff and KRW 5% per annum from January 1, 2013 to October 22, 2014.

Reasons

(b) the facts of the basis;

A. On July 25, 201, the Defendant concluded a construction contract (hereinafter “instant construction contract”) with the Plaintiff as follows in order to newly construct a Gowon and a detached house on the ground level of the fifth floor above the above land as the owner of the land in Seocheon-gu Seocheon-gu C.

Terms and conditions of estimate of construction cost of KRW 420 million (excluding value-added tax) * Method of payment of construction cost

1. Upon completion of the construction works of the Plaintiff, the Defendant’s payment after the sale of the instant building (the deposit on the short-term monthly rent shall be the first priority payment for the construction price)

2. In the event of delay in sale, 1/2 of the monthly rate will be paid to the Plaintiff when the monthly rate occurs. * Preferential design drawings of the special term specifications will be followed.

B. On July 25, 201, the Defendant prepared a letter of delegation of right to lease on a deposit basis (hereinafter “the letter of delegation of right to lease on a deposit basis”) stating that “The Plaintiff shall delegate to the Plaintiff the right to lease the 12 household portion of the instant building with KRW 5 million and KRW 4 million monthly rent” (hereinafter “the letter of delegation of right to lease on a deposit basis”) and “each lease on a deposit basis and monthly rent after the completion of the instant building shall be preferentially paid for the construction cost, and 1/2 shall be paid to the Plaintiff at the time of delay in sale (1 month)” (hereinafter “each letter of this case”).

C. Upon receipt of design plans and specifications from the Defendant, the Plaintiff commenced construction around July 201, and obtained approval for use of the instant building on December 14, 201, and the Defendant completed registration of preservation of ownership on January 4, 2012.

C. On May 22, 2012, the Defendant was aware that the parking lot part of the first floor and the balcony part of the fifth floor were arbitrarily remodeled for residential purposes (hereinafter “illegal remodeling”), and received an order for correction of the violation of the Building Act from the office of Seocheon-si, Seocheon-si.

On September 24, 2012, the Plaintiff has vagabonds with the Defendant regarding the construction cost of the instant case.

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