공사대금 등
1. Of the Plaintiff’s claim for the construction cost of the instant lawsuit against Defendant B, the part of KRW 28,863,00 shall be dismissed.
2. Defendant.
1. Basic facts
A. Defendant B and C shared each share of F, G, H land and buildings on its ground in 2007 Kimpo-si, Kimpo-si, 2007.
Defendant B and C: (a) removed the above buildings; (b) decided to construct another building on the same site (hereinafter “new construction of this case”); and (c) delegated Defendant D with the authority on the removal work.
B. Defendant D contracted the removal work on behalf of Defendant B and C, and the Plaintiff performed the removal work.
C. On the other hand, on January 26, 2010, Defendant B and C purchased the I land owned by Kimpo-si and owned by the State with the help of the Plaintiff and Defendant D, and the same year.
4. 30. The above Defendants completed the registration of ownership transfer, and thereafter the design of the new construction of this case was modified.
However, in around 2013, Defendant B and C contracted the instant new construction work to Encenex Co., Ltd., and the new construction work was completed around 2014.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 3, 6, 12, 14, 23, and 26 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiff and the independent party intervenor's assertion
A. The Plaintiff’s assertion 1) The Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with Defendant D, the agent of Defendant B and C, on July 2008 or around July 2009, stipulating that the Plaintiff would make a contract for the instant new construction work at an average cost of KRW 3.4 million (hereinafter “instant construction contract”). On March 3, 2010, the Plaintiff agreed to increase the construction cost per average cost of the instant construction contract at KRW 3.5 million (hereinafter “instant change contract”).
Accordingly, in order to implement the instant contract, the Plaintiff spent KRW 130,925,936, such as design cost, removal cost, and fences installation and repair cost, as the construction cost. From July 2009 to October 2013, the Plaintiff paid KRW 293,70,270, and the amount from July 2008 to October 2013.