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(영문) 전주지방법원 군산지원 2021.01.21 2019가단52438
공사대금
Text

Within the scope of the property inherited from the net F, the Defendant has to pay KRW 7,390,00 to the Plaintiff A and KRW 2,150,000 to the Plaintiff B.

Reasons

1. Facts of recognition;

A. On August 6, 2018, the Plaintiff entered into a subcontract (hereinafter “instant construction contract”) with the net F (hereinafter “the Deceased”) on the terms that the Deceased received “the completion of construction of Class II neighborhood living facilities located in Ysan-si G (hereinafter “the instant construction works”) from the Plaintiff, and entered into an agreement with the Plaintiff on the construction period from August 7, 2018 to September 2018 (hereinafter “the instant construction contract”). The construction period was agreed as KRW 92,00,000,000.

2) From August 8, 2018 to January 24, 2019, the Plaintiff remitted KRW 89,300,000 to the Deceased as the price for the instant construction work.

3) However, the deceased died due to a traffic accident on January 30, 2019 when the deceased did not complete the instant construction, and the Defendant and H inherited the deceased, who are his children.

4) The Plaintiff spent 16,712,260 won to complete parts of the instant construction work and completed a significant portion of the complete parts.

B. Plaintiff B agreed to supply the decedent with recycled aggregate, soil, etc., and supplied the above recycled aggregate, etc. on November 20, 2018 and December 4.3 million won of the same year.

(c)

Plaintiff

C The Plaintiff received construction from the Deceased, such as outside stairs, hand-day, marina, and windows polygraphs, among the instant construction works, and completed construction works equivalent to KRW 9,66,00,000. However, the deceased paid only KRW 4,00,000 to the Plaintiff.

(d)

Plaintiff

D Co., Ltd. agreed to supply goods to the deceased and the construction site of this case, and supplied goods worth KRW 6,315,000 on December 31, 2018 and January 28, 2019.

E. On March 27, 2019, the Defendant and H reported limited approval of the deceased’s inherited property to the Jeonju District Court’s Gunsan branch (2019 shot group 186), and the said court accepted the said report on April 9, 2019 (hereinafter “instant limited approval judgment”). 2) Upon reporting the above limited approval, the Defendant filed a report on the limited approval, and filed a report on the limited approval with the Plaintiff on the limited property of the deceased, KRW 24,00,000 for construction expenses against the Plaintiff, among inherited property.

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