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(영문) 서울북부지방법원 2016.05.20 2015가단106223
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around November 2012, the Defendant concluded a contract on May 15, 2013 with the Non-Party Construction Co., Ltd. (hereinafter referred to as “Chian Construction”) to newly construct multi-family housing of the total floor area of 598.77 square meters on the land of Ansan-gu, Ansan-gu (hereinafter “instant construction”), the construction cost of KRW 8.5 million (including additional tax), and the date of commencement of the construction completion on November 15, 2012, with the Non-Party Construction Co., Ltd. (hereinafter referred to as “Chian Construction”).

B. Around May 14, 2013, the Defendant and the Construction drafted a contract for modification to the completion date of the instant construction project as of July 15, 2013 (hereinafter “instant modified contract”). The construction was completed as of October 10, 2013, which was later than the scheduled completion date of the project, and the registration of ownership preservation was completed under the Defendant’s name on October 31, 2013.

C. Around August 7, 2013, a construction made a statement of change of contract amount of KRW 44,354,762 and sent it to the Defendant. Around February 7, 2014, a construction made a final settlement that construction cost was increased by KRW 57,575,229 and filed a claim for KRW 862,575,229 against the Defendant. The Defendant refused to pay the remainder of KRW 161,960,229 without complying with the Plaintiff’s above claim.

As of December 10, 2014, the construction entered into a contract on the assignment of claims between the Plaintiff and the Plaintiff who was in charge of the instant construction (hereinafter “instant contract on the assignment of claims”) to transfer 161,960,229 won to the Defendant of the construction. On December 10, 2014, the said notification was sent to the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 9 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. (1) The payment for the unpaid construction cost of the instant construction is KRW 805,00,000,000 for the first contract price of the instant construction, and the payment for the construction cost received from the Defendant by double construction is 700,615.

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