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(영문) 서울중앙지방법원 2014.09.24 2013가합66596

공사대금

Text

1. The Defendant (Appointed Party) and the designated parties jointly and severally serve as KRW 45,800,000 on the Plaintiff and the designated parties from September 2, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff’s trade name includes the business of interior works, and the Defendant (appointed parties; hereinafter “Defendant”) and the designated parties are joint business operators D.

B. On March 22, 2013, the Plaintiff: (a) from March 27, 2013, to March 27, 2013, the price for interior works (hereinafter “instant construction works”) of a mutual “G club” (hereinafter “instant club”) located in Suwon-gu F from the selector E (hereinafter “instant club”); (b) KRW 800,000,000 ( separate from value-added tax of KRW 40,000,00); and (c) the period from March 27, 2013.

5. A contract was concluded by the end of 29. At the end of that contract, E was signed and sealed by the representative director of the instant club.

(In practice, the instant club is not a legal entity).

The Plaintiff completed the instant construction work on May 29, 2013, which was the time limit for the agreement, at the request of the Defendant side (the Defendant and the designated parties).

After the completion of the instant construction project, the Plaintiff demanded the Defendant to pay the additional construction cost by asserting that “the construction was conducted in addition to the scope set forth in the agreement, and the cost was incurred in completing the construction work prior to the agreed period.” On August 9, 2013, the Plaintiff agreed to set the designated parties E and the additional construction cost at KRW 55,00,000 (hereinafter “instant settlement agreement”).

E. On August 19, 2013, the Plaintiff sent a written notification demanding the Defendant to pay the remainder of the instant construction work by August 31, 2013.

F. The Plaintiff received 689,200,000 won in total from the Defendant side up to August 7, 2013 as the construction price of the instant construction project until August 7, 2013; KRW 20,000,000 in total; KRW 30,000,000 in October 16, 2013; and KRW 45,000,000 in December 2, 2013 and December 21, 2013; and KRW 6,00,000 in January 17, 2014; and KRW 14,000,000 in total; and KRW 160,000 in January 21, 2014; and

[Ground of recognition] Evidence Nos. 1 through 6, Evidence Nos. 2 and 5, and the purport of the whole pleadings

2. Determination as to the cause of the claim and the defense of performance

(a) above;