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(영문) 수원지방법원평택지원 2016.10.27 2014가합3513

공사대금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 50,133,389 won and the period from November 21, 2014 to October 27, 2016.

Reasons

1. Basic facts

A. Defendant B is the owner of 121 square meters prior to Pyeongtaek-si D and 400 square meters prior to E (hereinafter “instant land”), and Defendant C is the third village of Defendant B.

B. On December 18, 2012, Defendant B filed an application for permission to construct multi-family housing (urban Residential Housing) on the instant land (hereinafter “instant construction”). On December 27, 2012, Defendant B obtained construction permission from the head of Pyeongtaek-si to Defendant B and the construction contractor as a large-scale construction company.

Defendant B reported the commencement of the construction on February 6, 2013.

C. On June 18, 2013, the Plaintiff and Defendant C drafted a written contract for construction as follows:

E In the construction of urban-type housing, this contract shall be concluded later by paying the down payment of KRW 15,000,000 among the down payment of KRW 30,000,000.

When the construction drawings and construction works are inconsistent, they shall be liable for the suspension of construction and civil or criminal liability.

1. Policyholders: Defendant C (Site Director);

2. Construction work: A plaintiff.

D. From Jun. 2013 to Aug. 2013, the Plaintiff performed part of the structural construction of the instant construction (from the underground first floor to the third floor).

[Ground of recognition] The facts without dispute, Gap evidence 5, Eul evidence 1, Eul evidence 1, witness F's testimony, fact-finding with respect to Pyeongtaek si of this court, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendants were to determine the construction cost as KRW 435,00 per square meter with respect to the framework construction from the first to the fifth floor among the instant construction works, and entered into a construction contract with the intent to receive the construction cost according to the cryptive intent. Accordingly, the Plaintiff did not pay the cryptive construction cost, and the construction was suspended for up to the third floor due to the Defendants’ failure to pay the cryptive construction cost.

Therefore, the Defendants are jointly and severally liable to pay KRW 93,553,382, which deducts KRW 15,000,000, which the Defendant had already paid, among the construction cost unpaid as follows.

The wages of the plaintiff 1.