beta
(영문) 대구지방법원 2016.01.22 2012가합9274

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

1. Facts of recognition;

A. On September 15, 201, the Plaintiff concluded a construction contract with the Defendants on September 15, 201, setting the commencement date as September 15, 201, and the completion date as February 28, 2012, the contract amount as KRW 766,400,000 for the construction work as well as multi-household housing (hereinafter “instant building”) on the ground of 348.3 square meters in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant construction”).

B. The Plaintiff could not become a contractor solely because he/she was not holding a construction business license. Accordingly, the Plaintiff requested the Defendants to jointly supply and demand construction works with the Dowon General Construction Company (hereinafter “Dowon Construction Company”). Accordingly, on November 18, 201, the Defendants changed the completion date of construction works and the commencement date of construction works to November 18, 201, and entered into the same construction contract.

C. As the Plaintiff continued construction without completion of the instant building by March 20, 2012, the Plaintiff, the Defendants, and the Dowon Construction agreed to complete construction by July 2, 2012, while the designer of the instant building, E, and F, a supervisor, were present, and entered into an agreement with the following contents (hereinafter “instant agreement”).

1. The contractor shall complete the construction without any defect by July 16, 2012, and the project owner shall pay the remaining construction cost for each of the following types of work to the contractor immediately after completion of the construction works by the following type of work and completion of the construction works by the supervisor in writing:

The details and amounts of the remaining construction works shall be as follows:

(1) Electrical construction: 10,000, (2) miscellaneous construction: 7,000,000 won; (3) Visit construction: 8,000,000 won; (4) Gas leisure construction: 4,000,000 won; 5,000 won; 32,000,000,000 won;

2. The contractor must complete the remaining construction and finishing construction by each type of construction of the instant building by July 2012, and apply for approval of the inspection of use of the building.