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(영문) 제주지방법원 2014.11.13 2013가합2678
공사대금 등
Text

1. The defendant shall pay 2,00,000,000 won to the plaintiff and 20% per annum from May 16, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The plaintiff is a juristic person established on September 27, 1994 for the purpose of civil engineering and construction work execution office, and the defendant is a juristic person established on August 2, 2007 for the purpose of housing construction business.

B. On March 3, 2008, the Plaintiff entered into a construction contract with the Defendant on the construction cost of KRW 22 billion (hereinafter “instant apartment”). The Plaintiff entered into a construction contract with the Plaintiff, which entered into a contract with the Defendant for the construction of the instant apartment complex (hereinafter “instant contract”).

On the other hand, the Plaintiff and the Defendant changed the construction amount of this case to KRW 24,191,478,000 on December 31, 2009.

C. Around February 2010, the Plaintiff completed the instant construction and delivered the instant apartment to the Defendant.

From May 14, 2008 to October 31, 2010, the Plaintiff received KRW 19,852,452,00 as the instant construction cost from the Defendant.

E. On February 2, 2012, the Plaintiff prepared a real estate sales contract with the Defendant to purchase each apartment as indicated in the attached list Nos. 1 through (3) in KRW 957,69,852; and each real estate sales contract with the purport that each apartment as listed in the attached list No. 4 through No. 852 is purchased in KRW 5,264,785,160 on the same day (hereinafter referred to as “instant real estate sales contract”); and around that time, the registration of ownership transfer was completed in the Plaintiff’s name with respect to each apartment as mentioned above.

The above agreement between the plaintiff and the defendant on February 2, 2012 is called "the settlement agreement of February 2, 2012".

【Ground of recognition】 The fact that there is no dispute, Gap’s 1 through 3, Eul’s 1 through 6 (each entry, including number, and the purport of the whole pleadings)

2. The parties' assertion

A. The Plaintiff’s assertion has received total of KRW 19,852,452,00 from May 14, 2008 to October 31, 2010, and the remainder of KRW 4,339,026,00, among the construction cost of this case 24,191,478,000 from the Defendant.

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