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(영문) 창원지방법원 2013.06.13 2011가합1507
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,598,756 to the Plaintiff (Counterclaim Defendant) and its related amount from May 30, 2012 to June 13, 2013.

Reasons

1. The facts below the basis facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 7-1 to 10; Eul evidence 1-2, 3; Eul evidence 2-1 to 5; Eul evidence 3 and Eul evidence 4; Eul evidence 1, 2, Eul evidence 6; Eul evidence 8-1 to 20; Eul evidence 8-1 to 8-20; the result of the on-site inspection by this court; the witness C's testimony; and some testimony of Eul.

The Plaintiff is a person who acquired the ownership of the Plaintiff’s underground B1 (which consists of 371.72m2m2 and 185.087m2m2) among the instant commercial buildings (hereinafter “instant commercial buildings”) and the underground B1m2 (which consists of 371.72m2m2 and 185.087m2; hereinafter “the instant store”) of reinforced concrete building lub roof 4m2 or 1004m2, each of 1004m2 or 1213m2, located at the window E of Changwon-si, Changwon-si.

Luxembourg The defendant is an organization composed of users, such as the sectional owners and lessees of the commercial building of this case for the purpose of managing and operating the commercial building of this case.

B. (i) The instant store was leased from March 2003 to March 200, when the Plaintiff acquired the ownership of the instant commercial building, and was leased for large Smarket use.

Luxembourg The commercial building of this case was newly constructed in February 1985, and all underground floors with the store of this case consisting of 11 stores (the largest size of the store of this case). From the time of the construction of each shop, there was a drainage pipe installed in the edge of each shop, and the drainage pipe coming from each shop was stored in the stairs room located on the side of the store of this case through the drainage pipe, and discharged sewage and wastewater by the drain pumps, etc.

Article 28(1)(3) of the Act on the Protection, etc. of Maritime Affairs and Fisheries shall be located outside the commercial building of this case, and the wall surface shall be located outside the commercial building of this case and the upper part shall be treated as cement.

(c)litigations;

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