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(영문) 수원지방법원 성남지원 2018.10.17 2017가단219293

공사대금

Text

1. The Defendants jointly do so to the Plaintiff, and the Defendants jointly do so from August 22, 2017 to Defendant Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the stone sales and construction business under the trade name of “B”, and the Defendants are companies engaged in the construction business.

B. Defendant Lee Dong-chul Co., Ltd. was awarded a contract for each of the new construction works of Kuri-si C’s ground-based multi-family house and D’s ground-based multi-family house non-family house, and subcontracted en bloc to Defendant Shin Jong-il Co., Ltd. on August 30, 2016.

C. On October 29, 2016, the Plaintiff entered into a contract with the Defendants to receive a subcontract (hereinafter “instant contract”) with the period from October 29, 2016 to December 31, 2016, setting the portion of tin construction among the construction works of each multi-family house in question as the price of KRW 100 million (excluding value-added tax; hereinafter the same shall apply). The main contents are as follows.

CD E

D. On November 3, 2016, the Plaintiff received a down payment of KRW 10 million under the instant contract from Defendant A general construction. On the same day, the Plaintiff lent KRW 5 million to Defendant New York.

E. In addition to the construction cost stipulated in the instant contract, the Defendants agreed to pay the Plaintiff KRW 17 million for the work cost not exceeding February 20, 2016, and KRW 15 million for the additional construction cost around March 1, 2016.

F. The Defendants: (a) obtained each approval for the use of the said multi-family house on June 21, 2017; and (b) Non-Dong on June 19, 2017; and (c) filed the Plaintiff by April 21, 2017.

The 112.3 million won was paid out of the total construction cost, including the down payment stated in the port.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 7 evidence, Eul 1, 2 and 11 evidence, witness F's testimony, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the facts of recognition as to the plaintiff's cause of claim, barring any other special circumstances, the defendants jointly do so to the plaintiff, and the remaining construction cost of 32.9 million won [the construction cost of 17 million won under the contract of this case, additional construction cost of 10 million won x 15 million won x 1.1.