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(영문) 의정부지방법원 2016.02.03 2015가단5507
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2012, the Defendant and Nonparty C drafted a written contract on the development project of the E and F real estate collective housing (hereinafter “instant collective housing”) with Nonparty D, and the details thereof are as follows.

1) D is to engage in real estate development for the land owned by the Defendant and C and to enter into a contract for sale in lots and for profit-making payment for the land. 2) D is to pay KRW 1,100,000 to the Defendant and C for the development project of multi-family housing, and the preferential payment amounting to KRW 700,000,000 shall be paid within 15 days after completion, with a loan granted as security for the above house, and the installment payment shall be paid KRW 2,80,000,000 for each household after selling each house and selling in lots, and the remainder shall be paid at the balance of KRW 1,20,000,000 for the last house.

3) D may change the name of a third party that it designates. 4) Business income tax generated under the name of the defendant and C by running a multi-family housing development project shall be paid in full as D.

B. On November 8, 2013, the Plaintiff entered into a contract for construction works in the construction site (hereinafter “instant construction works”) with respect to D and G new construction works (hereinafter “instant construction works”), setting the construction cost of KRW 320,000,000, and the construction period from November 7, 2013 to December 15, 2013 (hereinafter “instant first contract”).

C. On October 1, 2013, the Plaintiff prepared a contract agreement on construction cost of KRW 600,000 (excluding value-added tax) and from October 1, 2013 to February 28, 2014 (hereinafter “the second contract agreement”) with respect to interior works among the new construction works of the Defendant and G housing, and on June 1, 2014, with respect to interior and alteration works among the new construction works of the Defendant and G housing (excluding value-added tax), the contract price of KRW 620,000,000 (excluding value-added tax), and from June 1, 2014 to September 20, 2014 (hereinafter “the third contract agreement”).

The plaintiff on December 2013, 2013 to the defendant.

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