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(영문) 대구지방법원포항지원 2014.10.06 2012가합971

공사대금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On August 18, 2011, Plaintiff A and C lent the name of the Plaintiff Construction Co., Ltd. (hereinafter “Plaintiff Master Construction”) to build “E Child Care Center” on the ground of the south-gu D at port from the Defendant during the construction period from August 26, 2011 to December 10, 2011; with compensation for delay, the amount equivalent to 1/1,000 of the daily contract amount; the construction cost is KRW 680,00,000; the contractor is the Plaintiff Master Construction; and the contractor is the Plaintiff Master Construction, and the said contract was made with the Defendant.

B. On the same day, the Defendant prepared, at the Plaintiff’s request, a contract form stating that “the Defendant will contract the Plaintiff’s construction of soil, designated construction, reinforced concrete construction, and temporary construction of the instant construction to the Plaintiff Master Construction at the cost of KRW 300 million.” On November 10, 201, the Defendant signed a contract form stating that “The contractor shall contract the Plaintiff and C for the interior and outer finishing construction of the instant construction work at the Plaintiff’s request.” On November 10, 201, the Defendant signed a contract form with the Plaintiff and C for the construction cost of KRW 380 million.

C. On December 9, 2011, Plaintiff A and the Defendant, among the instant construction works, increased the construction cost from KRW 300 million to KRW 345 million, and the contractor extended the construction period from KRW 300 million to January 5, 2012, drafted a contract agreement (revision) for the Plaintiff’s name construction.

The Defendant paid KRW 724,00,000 as the construction price between August 26, 2011 and January 11, 2012 to the Plaintiffs’ account.

E. On February 20, 2012, Plaintiff A completed the instant construction and delivered the completed building to the Defendant.

[Ground of recognition] Facts without dispute, Gap's 1, 2, 3, 7 evidence, Eul's 5, 15 evidence, Eul's 21-1 through 14, witness F's testimony and the purport of whole pleadings

2. Determination as to Plaintiff A’s claim

A. Plaintiff A’s assertion and C are underway with the instant construction work.