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(영문) 울산지방법원 2020.01.16 2018나27799

공사대금

Text

1. The plaintiffs' appeals against the defendant are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

purport.

Reasons

1. Basic facts

A. On April 26, 2017, the Defendant, along with I, obtained a construction permit on the construction of a detached house (multi-household) and a second class neighborhood living facility (hereinafter “instant building”) on the ground of the JJ 281.3 square meters in Yangsan-si, Yangsan-si, the total floor area of which is 167.46 square meters and 481.11 square meters.

B. On June 1, 2017, K, the Defendant’s husband, entered into a contract with L to set the construction period from June 5, 2017 to October 20, 2017, with a total of KRW 460,000,000 (each contract amount and part payment amount of KRW 100,000,000, the remainder amount of KRW 260,000,000) as the contract amount.

C. At L’s request, A, Plaintiff E and F, and Plaintiff G participated in the new construction of the instant building by taking charge of site management, and provided each labor. Plaintiff D leased building materials, such as water pumps, at the construction site of the said new building.

Plaintiff

D Done on June 19, 2017, a lease contract for construction materials (Evidence A6) between L with L on June 19, 2017, but D did not prepare a separate contract.

On September 5, 2017, A, the Plaintiff D, E, F, and G (hereinafter collectively referred to as “A, etc.”) received a reply from L and K that “the payment of the construction cost (wages) and the cost of materials is to be made,” while L had received a reply from K that “the payment of the construction cost is to be made,” and “the payment of KRW 230,00,000 to L, which is currently there is no reason to additionally pay the construction cost.”

Accordingly, the construction of the instant building was suspended on September 6, 2017.

E. From September 29, 2017 to October 1, 2017, K paid a separate expense to Plaintiff G, completed the reorganization of materials, etc. at the construction site of the instant building from September 29, 2017 to October 1, 2017, and thereafter, K will undertake construction regardless of A, etc. < Amended by Presidential Decree No. 28100, Apr. 12, 2