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(영문) 대전지방법원논산지원 2013.12.18 2013가합2009

공사대금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 43,068,723 and as a result, from June 4, 2013 to December 18, 2013.

Reasons

1. Basic facts

A. On June 8, 2012, the Plaintiff entered into a subcontract agreement (hereinafter “instant contract”) with the Defendants, setting the construction period from June 8, 2012 to September 7, 2012, with respect to the framed Construction among the eight new construction works of the apartment houses in the Danam-gun and the 5 lots of land (hereinafter “instant construction works”) jointly implemented by the Defendants, with the Defendants, as KRW 495,280,000 (excluding value-added tax).

B. The Plaintiff commenced the instant construction work on or around June 8, 2012, but the same year.

9. 26. The above construction was suspended.

Accordingly, Defendant B Co., Ltd. (hereinafter “Defendant B”) directly resumed the instant construction after the lapse of 3 and 4 weeks from the date of the discontinuance of the said construction work, and on January 10, 2013, the remainder of the instant construction, excluding the material supply work, was completed.

C. From the time of the instant contract to September 26, 2012, the Defendants paid to the Plaintiff the sum of KRW 291,403,80 (excluding value-added tax) as the construction cost of the instant case, which is less than the total amount of construction cost for the part executed by the Plaintiff and the total amount of construction cost for the portion executed by the Plaintiff.

[Grounds for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 19, Eul's testimony, witness E's testimony, purport of whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Plaintiff completed the construction work that reaches 90% of the instant construction work before the discontinuance of the instant construction work due to delay in payment of the Defendants’ progress payment.

Therefore, the defendants are obligated to pay to the plaintiff 10,382,550 won (the defendants were obligated to pay the above amount, but the amount of which is reduced to 3,144,050 won as follows) and the amount calculated by subtracting the amount of KRW 122,762,00, which the defendants claimed as construction cost incurred in performing the remaining construction of this case from the amount of KRW 193,493,650, which is the remainder of KRW 70,731,650, plus KRW 81,114,200, = 10,382.