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(영문) 수원지방법원 2014.12.18 2013나52513

공사대금

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1. Of the judgment of the court of first instance, the part against the Defendants ordering payment in excess of the money ordered below.

Reasons

1. Facts of recognition;

A. On August 25, 2010, the Defendants: (a) contracted the construction work of the new site neighborhood living facilities in Songpa-gu Seoul (hereinafter “instant construction work”) to E Co., Ltd. (hereinafter “E”) for KRW 310,00,000; and (b) on the same day, the Plaintiff succeeded to the status of contractor E with the consent of the Defendants on the same day.

B. On November 27, 2010, the Defendants issued to the Plaintiff a letter of confirmation other than additional construction works as follows.

1. Additional works: 4,515,800 won;

2. Payment of the deposit amount (3,850,040), the telecommunications supervision expenses (2,50,000), the cost of outboard construction (2,100,000) = 8,450,040 won; and

3. A project to additionally remove a rooftop only after removal: 2,500,000 won for reconstruction and 5,800,000 won for reconstruction (one type): 8,300,000 won for reconstruction;

4. 1층 화장실 증설공사 1층 후면(주차장 방향) : 벽(이동식) 제비용 : 1식 ≒ 5,000,000원

5. balcony installation (in first form): 12,00,000 won in total of 17,815,800 won in the construction of a balcony.

C. On May 31, 201, the Defendants prepared a statement of accounts between E and E, “30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,000,000,00

On September 9, 2011, Defendant B drafted a written confirmation that “The lease of the 3, 4, and 5th floor of the instant building is delegated to the Plaintiff, and thereby, offset the Plaintiff’s construction cost (only the Defendant’s share is entrusted to the Plaintiff to pay the unpaid construction cost)” to the Plaintiff.

E. The Defendants paid KRW 15,00,000 to the Plaintiff on January 20, 2012, to the Plaintiff on February 25, 2012, but this is paid at the Plaintiff’s request prior to calculating additional construction costs, and thus, should be settled later.

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