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(영문) 의정부지방법원 2015.04.03 2014가합5699
대위변제금 등
Text

1. The defendant shall pay 230,000,000 won to the plaintiff and 20% per annum from August 7, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On June 15, 2012, the Defendant obtained permission for development activities and permission for construction as to F (hereinafter “F”) that is a welfare facility for senior citizens with a size of 1,124 square meters of C forest land (hereinafter “D forest land”) and 31,636 square meters of E forest land (hereinafter “instant project site”) from the Yancheon-si, Seocheon-si, the Defendant was a co-owner of each of the said land, and obtained permission for development activities and permission for construction as to the instant project site, which is a welfare facility for senior citizens with a size of 1,124 square meters of land (hereinafter “F”).

B. On July 30, 2012, the Plaintiff and G concluded a contract for construction works with the content that the F new construction works (hereinafter “instant construction works”) shall be paid as part of H in the total construction cost at KRW 1,197,00,000, and as KRW 1/1,000,000 for delay compensation at the end of December 2012. However, the Plaintiff and G concluded a contract for construction works with the content that the final remainder shall be paid as part of the total construction cost at KRW 190,00,000 in the total construction cost (hereinafter “the instant first contract for construction works”).

C. On November 5, 2012, with respect to the progress payment of the instant construction contract between the Defendant and the Plaintiff, the Plaintiff agreed to receive KRW 30,000,000 at the time of the commencement of the construction work, KRW 30,000 at the time of the commencement of the construction work, KRW 150,000 at the time of the commencement of the retaining wall construction, KRW 150,000 after the completion of the construction of the first floor, KRW 150,000 after the completion of the construction of the first floor, KRW 30,000,000 at the time of the completion of the construction, and KRW 20,000,000 at the time of the interior work after the completion of the construction of the second floor, and received part of the construction work from the Defendant for the first time.

With the Defendant on December 30, 2013, the Plaintiff received KRW 1,178,00,000 (including value-added tax of KRW 107,090,910) for the total construction cost on July 10, 2012 and December 30, 2013 as of December 30, 2013, and the Plaintiff and G paid KRW 230,000 to the Plaintiff the final remainder of 230,00,000, and the Plaintiff and G shall complete the completion of the construction and deliver the completion permit certificate, etc. to the Plaintiff.

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