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(영문) 인천지방법원 2015.10.02 2014가단232721

공사대금

Text

1. Each of the Defendants shall pay KRW 14,166,66 each to the Plaintiff A and KRW 14,166,666 each to the Plaintiff B.

2. The costs of lawsuit shall be.

Reasons

1. Facts recognized;

A. A. Around March 8, 2013, the Exchange Comprehensive Construction Co., Ltd. (hereinafter “Exchange Comprehensive Construction”) concluded each contract for multi-household housing construction, including Pyeongtaek-si F and three parcels, between Defendant C, and multi-household housing construction between Defendant D and Defendant D, and multi-household housing construction between H and Defendant E, respectively.

B. The Plaintiffs, through I around March 2013, supplied sewage to the pellet construction among the above construction works, from a foreign comprehensive construction company through I.

C. On June 14, 2013, when performing each new construction as mentioned above, foreign exchange comprehensive construction suspended construction, it prepared and issued a construction waiver note and a statement of performance to the Defendants that the construction would be renounced and terminated, and among the Plaintiffs, it settled the price of the structural construction that the Plaintiffs performed up to that time with the Plaintiffs at KRW 250 million.

On the other hand, the Plaintiffs agreed with the Defendants on June 26, 2013 to complete the remainder of 15 million won (hereinafter “the instant agreement”) for the structural construction (hereinafter “the instant structural construction”) (hereinafter “instant agreement”). The agreement entered into at the time includes the following: “The Plaintiff shall not raise any objection even after deducting the amount of the contract amount from the amount of the contract in the event a refund comprehensive construction would have been deducted by filing a lawsuit claiming the settlement of construction price.”

E. After that, the Plaintiffs continued the instant structural construction, and around September 2013, the Defendants paid KRW 20 million to the Plaintiffs the instant structural construction cost.

F. The Defendants obtained approval for the use of each multi-household house around December 31, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, 2, Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendants shall pay the plaintiffs the balance of construction cost of KRW 85 million, unless there are special circumstances. The plaintiffs shall pay the plaintiffs the balance of construction cost.