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(영문) 춘천지방법원 2015.04.28 2013가단12221
공사대금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The council of occupants' representatives of the defendant K apartment (hereinafter referred to as the "the defendant's representative council") is an unincorporated association consisting of ten representatives per each Dong in order to manage the K apartment located in Hongcheon-gun L (hereinafter referred to as the "the apartment of this case") of the 10-dong 802 households. The remaining defendants (hereinafter referred to as the "the defendant's representative council") are the representatives of each apartment of this case.

B. Upon the occurrence of water leakage in the apartment of the instant apartment, the Defendant’s council of occupants’ representatives announced ten high-priced water tanks and eight rooftop-story waterproof construction works on June 28, 2012.

Accordingly, the Plaintiff entered into a contract with the Defendant’s council of occupants’ representatives regarding high-priced water tanks and rooftop waterproof construction works (hereinafter “the first construction contract in this case”) on August 27, 2012, setting the construction period of KRW 57,00,000, and from September 11, 2012 to October 11, 2012.

C. Although the Plaintiff completed the construction work under the instant first construction contract, the leakage of the instant apartment complex continued on November 7, 2012, the Plaintiff entered into an additional contract for ventilation facilities and rupture waterproof construction works (hereinafter “the instant second construction contract”) between the Defendant’s council of occupants’ representatives during the period from November 7, 2012 to November 13, 2012, setting the price of KRW 14,000,000 in the name of M, and the construction period from November 7, 2012 to the rooftop.

The Defendant’s council of occupants’ representatives paid KRW 50,00,000, out of the total construction cost of KRW 71,000,000 under each of the instant construction contracts, until December 7, 2012.

E. The Defendant’s council of occupants’ representatives did not pay KRW 21,00,000 out of the construction cost under each of the instant construction contracts, and the Defendant’s name, which is the representative of the Defendant’s council of occupants’ representatives, will complete the deposit of KRW 21,00,000 in the name of the Defendant’s council of occupants’ representatives until August 23, 2013.

single construction issues;

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