공사대금
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. The Plaintiff’s assertion 1) On November 5, 2013, the Plaintiff’s assertion from the Defendants on the second floor coffee shop located in Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “instant construction”).
(2) While the Plaintiff was performing the instant construction work with a contract for construction cost of KRW 30,000,000, the Plaintiff was performing the additional construction work equivalent to KRW 47,947,220 at the request of the Defendants. (2) While the Plaintiff completed all of the construction works under the instant construction contract and the instant additional construction contract, the Plaintiff was only KRW 55,00,000 from the Defendants.
3) Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the payment amount of KRW 22,947,220 (i.e., KRW 30,00,000, KRW 47,947,220 - KRW 55,00,00) and damages for delay at the rate of 20% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 23, 2014 to the date of the final delivery of the copy of the instant complaint. (ii) Defendant C did not have concluded the instant construction contract or additional construction contract with the Plaintiff.
2 Although Defendant B entered into the instant construction contract with the Plaintiff on November 5, 2013 by introducing E around November 5, 2013, Defendant B did not have entered into the said contract with the Plaintiff.
However, upon receiving a demand from the Plaintiff for the additional construction cost from the Plaintiff, the Defendant agreed with E and the Defendant at KRW 5,000,000, the instant construction cost and the additional construction cost, and paid all KRW 55,00,000 to the Plaintiff according to the said agreement.
2. Determination:
A. If there is no evidence to acknowledge the conclusion of the instant construction contract or additional construction contract between the Plaintiff and the Defendant C regarding the claim against the Defendant C, the Plaintiff’s assertion against the Defendant C is without merit without further review.
B. Determination as to the claim against Defendant B 1) Evidence No. 7, Eul evidence Nos. 1 and 2 (including additional numbers) are comprehensively taken into account the purport of the entire pleadings.