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(영문) 부산지방법원 2017.05.10 2015가합44543

공사대금

Text

1. The Defendants shall jointly and severally serve as KRW 336,870,000 on the Plaintiff and as a result, from June 25, 2015 to May 10, 2017.

Reasons

1. Basic facts

A. On July 28, 2014, the Plaintiff entered into a contract for construction of the instant building (hereinafter “instant building”) with construction cost of KRW 825 million (including value-added tax; hereinafter the same shall apply) from July 29, 2014 as a company engaging in general construction business, etc., and entered into a contract for construction (hereinafter “instant contract”) with the Plaintiff, setting the construction period as KRW 825 million from July 29, 2014 to December 30, 2014, the Plaintiff entered into a contract under the name of the Plaintiff with respect to the said contract amount of KRW 275 million from the said contract amount, and with respect to the remaining KRW 50 million from the said contract amount, a written contract with respect to the amount of KRW 50 million in the name of the Dai Construction Corporation.

B. Upon completion of the instant construction, the Plaintiff obtained approval for the use of the instant building on January 23, 2015, and thereafter, the Plaintiff additionally performed construction works for the second floor extension upon the request of the Defendants, and completed such construction works on February 28, 2015, and thereafter delivered the instant building to the Defendants around that time.

C. Until February 4, 2015, the Defendants paid to the Plaintiff a total of KRW 74 billion out of the construction cost under the instant contract.

[Ground of recognition] A without dispute, Gap evidence Nos. 1, 2, and 4 (if there is a tentative number, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 15, appraiser D's appraisal results, the purport of the whole pleadings

2. The parties' assertion

A. The Defendants asserted by the Plaintiff did not pay KRW 120 million out of the construction cost under the instant contract.

In addition, the Plaintiff, at the request of the Defendants, performed the additional construction of each item of the attached Table 1, such as the elevator, stone, window construction (hereinafter “the primary additional construction”) and beer, roof, water tamping construction (hereinafter “the second additional construction”) and the second floor extension construction (hereinafter “the second additional construction”). As a result, the Plaintiff executed the additional construction of KRW 248,484,00 in total (= KRW 143,854,000 in the second additional construction cost).