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(영문) 의정부지방법원 2015.07.07 2013가단10796
공사대금
Text

1. The Plaintiff (Counter-Defendant) paid KRW 2,632,774 to the Defendant-Counterclaim Plaintiff and the Plaintiff’s counterclaim from December 27, 2012 to July 7, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur engaged in the wholesale and retail business of construction materials and the assembly-type building business under the name of “C,” and the Defendant’s attached D is a person who has planned a prefabricated-type housing under the name of the Defendant and planned a pent-type business.

B. Around June 2012, the Plaintiff concluded a new construction contract with D and D, representing the Defendant, of the aggregate of KRW 12,00,000,000,000,000 for the construction cost of a prefabricated-type multi-story housing (A-F Dong) with the size of 20.16 square meters in size on the land owned by the Defendant, Gangwon-do, E and F, Gangwon-do, and the Plaintiff, and one prefabricated-type housing (G Dong (G Dong) with the first floor of 31.17 square meters in size, 22,000,000 won in total, and KRW 30 million in total,00,000 in the second floor of 20,000,000,000 won in total (i.e., KRW 63,000,000). The basic floor cost of construction is to be separately calculated after completion of the floor construction work and to separately claim the construction contract (hereinafter “instant construction contract”).

C. On August 7, 2012, the Plaintiff received down payment of KRW 30 million from the Defendant and received the same year.

8.9.As a result of the commencement of the construction of the foundation floor, the construction cost for the Defendant and the floor was set at 11,150,800 won.

During the instant construction project, the Plaintiff accepted a request from the Defendant to increase the roof of a single-story house more than the initial plan and to request construction to see its external appearance, and completed the roof construction by receiving additional construction cost of KRW 4,800,000 ( KRW 800,000x 6 Dong). Upon accepting a request from the Defendant for a request from the Defendant for the construction of the instant house, the Plaintiff was to receive construction cost of KRW 19,345,100, and KRW 22,235,60,000, total of KRW 22,890,50, and KRW 235,60,00.

E. The Defendant paid a total of KRW 100 million to the Plaintiff, including the payment of KRW 30 million as the instant construction cost on August 7, 2012 to the Plaintiff, on seven occasions from September 17, 2012 to October 15 of the same year, including the payment of KRW 70 million, and separately, on September 10, 2012.

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