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(영문) 청주지방법원제천지원 2016.02.05 2015가합10052
공사대금
Text

1. The Defendant’s KRW 122,638,00 for the Plaintiff and KRW 6% per annum from July 10, 2015 to December 17, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a stock company operating construction works and engineering work, etc., and the Defendant is a person who leases a piece of land incheon-si C and operates the D scrapping in the above land.

B. Upon receiving a lessor’s demand from the lessor to return the instant scrapped site by May 30, 2015, the Defendant planned to newly construct the scrapping site on the 9,638 square meters of forest E, E, 9,638 square meters (hereinafter “instant land”), and subsequently, purchased the instant land around September 2014, and thereafter requested the F architect’s office manager and the job-friendly G to design the instant scrapped site at KRW 19,60,000 for the design cost.

C. The first Defendant completed a construction report to the effect that a building on the instant land is newly constructed, but thereafter, G requested G to design complex facilities, which combine the auto-scrapping site, automobile parts sales facility, automobile maintenance institute, etc. on the instant land, and G had the total floor area of 1,292 square meters or less (hereinafter “instant building”).

As a result of the increase in construction costs, etc. in the above process, the construction plan for a building was in distress and the design cost was not paid, G introduced H to the representative director of the Plaintiff, who has funds and execution capacity, without issuing the design drawings necessary for building alteration permission to the Defendant.

E. On March 13, 2015, the Defendant discussed the issue of new construction of H and building upon G’s recommendation, and paid KRW 7,000,000, out of the design cost to G through H, and around March 18, 2015, G issued a design drawing to H upon the Defendant’s request.

F. On April 17, 2015, the Plaintiff purchased materials, such as H-BAM from Jinyang Steel Co., Ltd. in KRW 132,00,000, and requested the representativeJ of J of J of J of J of C to manufacture aggregate for the construction of the instant building.

J, at the request of the plaintiff that the payment period is urgent, shall be the I factory in K and the Bongbuk-gun L.

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