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(영문) 서울서부지방법원 2018.04.20 2016가단16248

공사대금

Text

1. The Defendants jointly and severally against the Plaintiff (designated parties), KRW 2,960,179, KRW 2,042,334, and KRW 2,042,334, and KRW F.

Reasons

1. Basic facts

A. The Defendants: (a) leased the first floor store in Yongsan-gu Seoul Metropolitan Government L, and operated a restaurant; and (b) contracted the Plaintiff, who carried on the interior construction business with the name of M M around the beginning of October, 2015, with the interior and outside of the store (the instant construction).

B. The Plaintiff, while granting a subcontract to a subcontractor, suspended the instant construction work on or after the beginning of December 2015, and the Defendants directly entrusted the remainder of the construction work to a facilities business operator, etc. on or after January 2016.

According to the appraiser N’s appraisal result, the total construction cost of the instant construction is KRW 85,697,00, and the construction cost of the completed portion executed by the Plaintiff until the discontinuance of the construction work is KRW 73,400,000.

C. The Defendants paid to the Plaintiff totaling KRW 58,00,000 ( KRW 10,000,000 on October 15, 2015, KRW 20,000,000 on October 17, 2015, KRW 10,000 on November 6, 2015, KRW 10,000 on November 11, 2015, and KRW 8,000 on November 12, 2015).

The Plaintiff calculated the unpaid construction cost of the instant construction as KRW 45,96,400 and left KRW 8,841,400 at his own share, and divided the remaining KRW 37,155,000 to the designated parties (the subcontractors of the instant construction project or the persons who have acquired their rights) and notified the Defendants of the transfer on February 1, 2016. (The Plaintiff notified the Defendants of the assignment of the assignment of the assignment of the assignment in question to: KRW 6,100,000, KRW 2,400, KRW 1,890,000, KRW 15,800,000, KRW 13,000, KRW 12,965,000, KRW 5,000, KRW 00, and KRW 5,000, KRW 000.

[Ground of recognition] A without dispute, Gap evidence Nos. 2, 5, 6, 10, 11, Eul evidence Nos. 2 and 3 (including each number), witnessO's partial testimony, appraiser N's appraisal result, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Defendants asserted that the Plaintiff contracted the instant construction work, and agreed to pay the construction cost by adding 15% to the construction cost. The construction cost is the execution cost.