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(영문) 창원지방법원 2019.05.16 2018가단2663

공사대금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 6,337,91 as well as 5% per annum from January 24, 2018 to May 16, 2019.

Reasons

1. Basic facts

A. Around March 2014, the Plaintiff prepared a construction contract form with Defendant C to newly construct neighborhood and detached houses (hereinafter “instant building”) on the ground that C and C were well-known.

(hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

- A construction period: Within ten days after the completion of construction of the remainder on March 11, 2014, and April 30, 2014: 147,500,000 won in advance: 14,000,000 won in advance: March 10, 2014; < Amended by Act No. 12335, Mar. 10, 2014; Act No. 12563, Apr. 5, 2014; Act No. 12573, Apr. 33, 500,000 won in advance.

B. The Defendants are married couple. 1) Defendant B paid the Plaintiff the construction cost of KRW 3 million on December 7, 2013, KRW 40 million on April 3, 2014, and KRW 68 million on May 28, 2014.

C. On December 17, 2014, the registration of initial ownership was completed in the Defendant B’s future on the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s Civil Works Corporation is a construction project undertaken prior to the construction work. The Defendants paid KRW 16,740,00 as the civil construction cost, such as the outline of evidence No. 2 presented by the Plaintiff.

On December 2013, the Plaintiff and the Defendants entered into a contract with the Plaintiff for construction cost of KRW 147,50,000 with respect to construction works other than oral civil engineering works, and, on March 2014, entered into the instant contract for construction works between the Plaintiff and the Defendant C in the sense of confirming it.

The Plaintiff and the Defendants, while performing the construction work, have changed the design to KRW 3,500,00 for the design change cost.

The Defendants are jointly and severally liable to pay the Plaintiff the construction cost of KRW 99,740,00 (i.e., the construction cost of KRW 16,740,000, the construction cost of KRW 147,500,000, the design change cost of KRW 3,500,000 - the construction cost of KRW 68,00,000) and the delay damages therefrom.

B. The Defendants.