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(영문) 의정부지방법원 2015.10.08 2014가합10585
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed factual basis

A. On October 17, 201, the Defendant concluded a contract for construction works with respect to construction works for the construction of the publicly notified apartment (hereinafter “C construction”) at Osan City, with respect to the construction works for the construction of the construction of the publicly notified apartment (hereinafter “C construction”) at Osan-si, with a contract amounting to KRW 30,000,000 on October 17, 201, October 17, 201, and April 30, 2012, with respect to the construction works for the construction of the publicly notified apartment (hereinafter “D construction”) at Osan-si, with respect to the construction works for the construction works for the construction of the publicly notified apartment (hereinafter “D construction”) at Osan-si, with a contract amounting to KRW 400,00,000,000 for the construction works for the construction works for the construction of the publicly notified apartment (hereinafter “the instant construction works”).

(hereinafter referred to as "first contract" in total). (b)

On October 18, 201, the Leewon Construction Co., Ltd. (hereinafter referred to as "Hawon Construction") concluded a contract for construction works with the terms and conditions of a contract for C Construction as of October 19, 201, the contract price of C Construction is KRW 331,00,00 with respect to C Construction, the date of commencement, October 19, 201, the date of completion, the contract for construction works as of January 19, 201, the contract price of D Construction is KRW 400,000,000 with respect to D Construction, the date of commencement, October 19, 2011, and March 19, 2012, respectively.

(hereinafter referred to as "second contract" in total). (c)

The construction cost of the instant case was paid KRW 401,00,000 to the Plaintiff.

The Defendant obtained approval for the use of each of the C buildings from the Osan market on August 17, 2012, and April 23, 2013.

[Reasons for Recognition] Facts without dispute, Gap 3, 10 evidence, Eul 2, 5 (including additional numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Although the Plaintiff’s assertion concluded a first contract with the Defendant and completed all of the instant construction works, the Defendant paid only KRW 401,000,000 among the construction cost of the instant case to the Plaintiff, and did not pay the remainder of the construction cost.

Therefore, the defendant is obligated to pay the plaintiff KRW 200,000,000 as part of the remainder of the construction cost.

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