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(영문) 서울중앙지방법원 2015.11.06 2014가합51713
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is paid KRW 18,194,344 by the Plaintiff (Counterclaim Defendant) and repaid.

Reasons

1. Basic facts

A. On February 28, 2012, the Plaintiff, Defendant, D, E, E, F, and G (F and G shared one household as a husband and wife) (hereinafter “instant building”) agreed to remove the instant loan on the same page and to construct a new loan with eight household units (hereinafter “instant building”).

(hereinafter “instant agreement”). (b)

According to the instant agreement, the Plaintiff, the Defendant, C, D, E, F, and G: “(i) if the owners of the above six generations provide their own share in the building site, the Plaintiff will perform the new construction of the instant building; and the owners of the above six generations will pay to the Plaintiff the share to be used for the new construction of the instant building. ② The total construction cost of the instant building is scheduled to be KRW 1,290,054,00; the remainder of the construction cost, excluding the share to be borne by the owners of the above six generations, shall be reverted to E, and KRW 301, 301, 401, 402, 402, 402, d, 501, c, 502, and 201 and 202, are reverted to the Plaintiff, and the share in the instant building exceeds the share of the Plaintiff owned by the owner of the instant six generations.”

H Under the terms of the H Business Contract, the owner of the instant land (the owner of the instant six generation units) and the Plaintiff entered into a contract for the construction project EN General Construction, and the implementer on the following terms for the H project:

Part I General Provisions Article 3 (Method of Implementation of Projects)

1. The owner shall provide E.N. General Construction and the Plaintiff with the instant land owned by the owner, and shall be supplied with the building facilities newly built in return therefor as substitute.

(b)in this case.

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