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(영문) 광주지방법원 2015.04.16 2014가합53099

공사대금

Text

1. The plaintiff's primary and conjunctive claims against the defendant Jong-gun, and the claim against the defendant B.

Reasons

1. Basic facts

A. On April 6, 2011, Defendant C Co., Ltd. (hereinafter “B”) entered into a contract between the Plaintiff and the Defendants for the first-minute construction contract and the progress of the contract.

(C) the first minute of the construction work (hereinafter referred to as “the first minute construction work”) determines the total construction cost as KRW 1,614,438,200, and determines the first minute of the construction work.

(2) On April 18, 2011, Defendant B entered into a subcontract between the Plaintiff and the Defendant, with the construction cost fixed from April 11, 2011 to March 30, 2012. The construction cost was increased to KRW 1,620,376,00 according to the design change, and the construction cost of the instant primary primary construction was reduced to KRW 655,119,000. (2) On April 18, 2011, Defendant B entered into a subcontract between the Plaintiff and the Defendant, with the construction period fixed from April 18, 201 to March 30, 201, the construction period was changed to KRW 1,620,376,00, and the construction cost was reduced to KRW 655,19,00.

3) On May 25, 2011, Defendant Yongsung-gun paid KRW 384,594,000 as advance payment for the instant first minute construction to Defendant B, and Defendant B paid KRW 384,594,594,000 as advance payment for the instant first minute construction to the Plaintiff on May 26, 2011.

B) On February 29, 2012, Defendant Hosung-gun paid to the Plaintiff KRW 60,000,000, out of the progress payment of KRW 80,000,000 claimed by Defendant B at Defendant B’s request. (B) On October 4, 2012, the conclusion and progress of the second-minute construction contract between the Plaintiff and the Defendants, and the conclusion of the contract between the Defendants, Defendant Sung-gun, which entered into the contract between the Plaintiff and the Defendants, (i) on October 4, 2012, the amount of the second-minute construction (hereinafter “the second-minute construction”) out of the instant construction work, was KRW 965,257,00,00 of the construction amount, and the construction period was determined from October 5, 2012 to April 10, 2014.