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(영문) 부산지방법원서부지원 2020.11.05 2019가단111538

공사대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Defendant B (hereinafter “Defendant Company”) and Defendant C obtained a construction permit on March 3, 2018 for multi-family housing on two lots, including Kimhae-si, Kim Jong-si, and two lots of land.

On December 1, 2018, the Plaintiff entered into a contract with Defendant Company and Kimhae-si, for the construction of multi-family housing (hereinafter referred to as “instant construction”) (hereinafter referred to as “instant contract”) (hereinafter referred to as “instant construction”), and thereafter, performed the instant construction from around that time.

While the instant construction is being carried out on March 2019, the Defendant Company: (a) obtained the consent of the head of the Plaintiff’s Daegu Branch, the person in charge of the instant construction site; (b) prepared the Plaintiff’s waiver of construction and the written consent to change of the contractor; and (c) changed the instant construction project from the Plaintiff to the FF Co., Ltd.

On April 3, 2019, Defendant Company sent to the Plaintiff a content-certified mail stating that “The Plaintiff would create a fund at the G Association, but did not borrow a loan, the Plaintiff would have changed the contractor by receiving a written rejection of the Plaintiff’s waiver of construction work, following consultation with the head of Daegu Branch E., and thus, the Plaintiff would have removed a container office at the instant construction site by April 8, 2019.”

[Grounds for recognition] In the absence of dispute, Gap evidence 1 through Eul evidence 8, Eul evidence 1, Eul evidence 2-1, Eul evidence 2-2, Eul evidence 3-2, and Eul evidence 5, and the plaintiff's assertion in the whole purport of the pleadings was suspended from construction due to the plaintiff's assertion in accordance with the contract with the defendants, and the plaintiff's request for the suspension of the defendants' construction work and the refusal of construction work, the termination statement of the construction work, the alteration statement of the contractor, and the unauthorized removal of the container at the site without permission.

The construction cost at the time of the discontinuance of the instant construction work is KRW 413,254,133.

The Defendants, as joint contractors, jointly and severally order the Plaintiff at KRW 413,254,13, and the amount calculated by deducting KRW 238,432,317, which the Defendants agreed to pay directly to the subcontractor to the Plaintiff.