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(영문) 수원지방법원 2019.12.18 2016가합70136 (1)
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 68,900,600 on the part of the Defendant (Counterclaim Plaintiff).

Reasons

Basic Facts

C. (2) On July 23, 2013, the Plaintiff entered into a contract with D to obtain KRW 746,632,80,00 as the construction cost, after receiving a contract for the construction of a new housing site development project from D to build a neighborhood living facility or multi-family house (hereinafter referred to as “instant housing”, and the said new construction project is referred to as “instant housing construction project”).

The main contents of the instant housing construction contract are as follows.

Standard contract for private construction works

1. The name of construction: Construction works to be carried out in a nearby or multi-family house in the C Housing Site Development Zone;

2. The construction site: The migrants of the C Housing Site Development Zone E; and

3. Date of commencement: The date scheduled for completion on August 4, 2013: The contract amount on December 31, 2013: 746,632,800 won; 11. The rate of liquidated damages: 3/1,00 special agreement;

1. The terms and conditions for the payment of the GE construction cost in the housing site development zone - the total construction cost of KRW 746,632,800 - the down payment of KRW 50,000: KRW 80,000 for the commencement of construction - the notice of completion of construction - the external finishing amount of KRW 100,000 for the first time: KRW 45,000 for the first time of occupancy (the deposit at the time of occupancy by the tenant): 471,632,80 for the instant housing: 471,632,80 for the first time of occupancy (the deposit at the time of occupancy by the tenant): the approval for use was obtained on February 20, 2014; and the Plaintiff delivered the instant housing to D on the same day. 4) D paid all the construction cost of the instant housing to the Plaintiff.

5 On March 3, 2016, D transferred to the defendant, who is the spouse, the right to claim the repair of defects in relation to the instant housing construction, for the same year.

3. 8. The notification of the assignment of the above assignment to the Plaintiff was sent to the Plaintiff at that time.

1) On July 7, 2014, the Plaintiff newly constructed a commercial building from the Defendant on the ground level F of the Sound Group of Chungcheongbuk-gun (hereinafter referred to as “instant commercial building”), and the said newly constructed commercial building is called the “instant commercial building” and the said newly built commercial building is called the “instant commercial building construction.”

The contract was concluded to receive 748,000,000 won as the construction price after being awarded the contract.

The main contents of the instant commercial construction contract are the main contents.

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