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(영문) 수원지방법원 여주지원 2017.02.15 2015가합10454
공사대금
Text

1. Defendant B’s KRW 310,537,384 as well as 6% per annum from December 2, 2014 to February 15, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a juristic person whose purpose is construction business, etc., and D is the plaintiff's representative director as E's spouse who is the plaintiff's employee, and the defendants are marital relations.

B. (1) Around August 2014, Defendant B entered into a construction contract with the Plaintiff and Defendant B with the content of constructing three single houses (A Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong and Dong Dong Dong) on the land owned by the Plaintiff and Defendant B (hereinafter “instant construction contract”). Around August 2014, Defendant B entered into a construction contract for the instant construction project under the name of Defendant B.

(2) By November 15, 2014, the Plaintiff completed the instant construction work by November 15, 2014. At the request of Defendant B around the end of November, 2014, the additional construction related to the instant construction works, including the road packing and pipeline laid underground (hereinafter “instant additional construction”). The Plaintiff completed the instant construction work in combination with the instant construction works.

C. Defendant B paid the Plaintiff KRW 18,00,000,000 on August 14, 2014, with the account under the name of the Plaintiff as the total contract price in the instant case, and KRW 18,00,000 on October 30, 2014, KRW 20,000 on November 28, 2014, and KRW 20,000 on the Plaintiff’s account under the name of the Plaintiff, with the name of the Plaintiff as the total contract price in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 16, 17 evidence, Eul evidence 1 to 2, and Eul evidence 7 (including each branch number, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. At the time of entering into the instant construction contract with the Defendants, the Plaintiff is performing the instant construction project in an estimate of KRW 4 million per square year, and the instant additional construction project was completed around November 15, 2014, and around November 2014. The instant additional construction project was completed as a result of the instant construction project, and the total construction cost incurred due to the structural change or additional construction is KRW 619,449,918, as well as the instant construction cost.

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