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(영문) 광주지방법원해남지원 2016.03.24 2014가단4542

공사잔대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 18,410,400 won and the period from December 17, 2014 to March 24, 2016.

Reasons

1. Basic facts

A. On October 15, 2013, the Plaintiff and Defendant B entered into a contract for construction works with Defendant B, by December 15, 2013, with the content that the Plaintiff newly constructed a yellow house (hereinafter “instant house”) on the ground D, Jeonnam-do, Seoul-do (hereinafter “instant house”) at KRW 50,000,000 (=20,000,000 + + KRW 20,000 + + KRW 5,00,000 + KRW 5,00,000 + Other KRW 5,00,000 + Other KRW 5,00,000).

(No. 2). (b)

On November 14, 2013, the Plaintiff and Defendant B decided to additionally install a warehouse in the instant house, and subsequently increased the original construction cost of KRW 12,000,000.

(No. 3). (c)

From October 15, 2013 to April 9, 2014, Defendant B paid a total of KRW 32,000,000 to the Plaintiff or the person designated by the Plaintiff.

(No. 6)

D. Upon the Plaintiff’s failure to complete the instant housing construction work within the prescribed period and continuing to increase the construction cost, Defendant B’s wife and the Plaintiff concluded a construction contract on April 28, 2014 that the Plaintiff newly constructed the instant housing in KRW 98,000,000 with Defendant C by June 30, 2014 (hereinafter “instant construction contract”).

(No. 4) e.

Upon entering into the instant contract for construction works, the Plaintiff and Defendant C entered the date of the preparation in the contract (hereinafter “instant contract for construction works”) retroactively on October 15, 2013. The said contract states that KRW 32,00,000,000, out of the total construction cost of KRW 98,000,000, the completed amount of KRW 20,000 as of October 15, 2013, and the completed amount of KRW 20,000,000 as of May 2, 2014, the completed amount of KRW 46,00,000,000 as of May 2, 2014, shall be paid within seven days after approval for use.

(B) Defendant C paid KRW 20,000,000 as the completed portion of the instant construction contract to the Plaintiff on May 2, 2014

(G) (No. 6). Defendant C owned 764 square meters prior to Donam-do, Jeonnam-do, a site for the instant housing, and on October 15, 2013 when Defendant B entered into the first construction contract with the Plaintiff, Defendant B filed a construction report on the instant housing.

(h) No. 1 of this title.