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(영문) 수원지방법원안양지원 2017.08.10 2016가단103260
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant’s attached C, the Defendant’s mother-friendly D, the Defendant’s shape E, and the Defendant tried to construct a multi-family house with each unit of land divided into four lots of land in Kimcheon-si, Kimcheon-si, one thousand one hundred and forty-eight square meters.

B. Accordingly, on August 18, 2014, C divides F 1,148 square meters into F 296 square meters, G 288 square meters, H 281 square meters, and I 283 square meters, each of which is divided into F 296 square meters, G 288 square meters, G, and H 283 square meters (hereinafter the same shall apply), G, under the name of D, and H, under the name of E, and H, under the name of the Defendant.

C. On September 11, 2014, the Plaintiff entered into a construction contract to set up multi-family houses and neighborhood living facilities on the land owned by the said Defendant, and multi-family houses and neighborhood living facilities on the land owned by the said Defendant, as follows:

(hereinafter referred to as the above four contracts for each construction project in this case). F 418,00,000 won for the construction project in the place of the project (excluding value-added tax) G 404,200,000 won (excluding value-added tax) HE 404,200,000 won (excluding value-added tax) 1,671,000 won (excluding value-added tax) in total of 1,671,00,000 won for the construction project in the place of the project (excluding value-added tax)

D. The approval for use for each multi-family house on the F and G ground was made on March 23, 2015; the approval for use for H-ground multi-family houses was made on September 3, 2015; and the approval for use for I-ground buildings on November 3, 2015.

E. Under each of the instant construction contracts, the construction cost paid by C, D, E, and the Defendant (hereinafter referred to as “Defendant”) pursuant to each of the instant construction contracts is KRW 1,740,00,000.

[Reasons for Recognition] Unsatisfy, Gap 1 through 8 (including attachment of provisional numbers; hereinafter the same shall apply), Eul 3, the purport of the whole pleadings

2. The Plaintiff and the Defendant asserted the cause of the Plaintiff’s claim concluded each of the instant construction contracts, and among them, the respective construction contracts between the Plaintiff, C, D, and E were rescinded, and the J, a director of the Plaintiff, concluded a construction contract with the same amount as C, D, and E as an individual qualification.

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