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(영문) 창원지방법원통영지원 2013.12.05 2012가합1296

공사대금등

Text

1. The Defendants shall jointly and severally serve as KRW 155,04,100 on the Plaintiff and as a result, from September 18, 2010 to December 5, 2013.

Reasons

1. Basic facts

A. Defendant B and C are married with each other, and Defendant D is the co-operation of Defendant B.

Defendant C is the owner of five lots of land, including E large scale 388 square meters, at the same time, and Defendant D is the owner of three lots of land, including F large scale 102 square meters.

B. On June 1, 2009, the Plaintiff stated only the Defendant B as the contractor, but it seems that there is no dispute between the parties that the entire Defendants are parties to the contract.

B. The Plaintiff’s above A.

(1) On the ground of the land owned by Defendant C, the 4th floor pentle building (hereinafter “the principal building of this case”) and the above Ga.

On the ground of the land owned by Defendant D, the Defendants concluded a construction contract with the purport that the Plaintiff will pay KRW 600,000,000 to the Plaintiff for construction cost (hereinafter “instant construction contract”).

On the other hand, the instant construction contract contains the phrase “non-high speed/REMARKS stairs corridor (main Dong)”, “In the case of additional construction cost, other than an estimate, when additional construction cost is incurred, the Plaintiff and the Defendants shall make a decision,” and “in the case of additional construction cost other than an estimate.”

C. Since then, the Plaintiff completed the instant construction, and the second floor restaurant construction, civil retaining wall and railing construction, stairs construction, and painting construction (hereinafter “instant additional construction”).

Accordingly, on September 1, 2010, Defendant D completed the registration of initial ownership in the name of Defendant C with respect to the instant annex building, and Defendant G obtained each approval for the use of the instant main building on September 17, 2010, and on September 20, 2010, respectively, in the name of Defendant C with respect to the instant main building, and in the name of Defendant D with respect to the instant annex building.

Meanwhile, from January 4, 2010 to September 19, 2010, the Defendants repaid the Plaintiff a total of KRW 471,000,000 to the construction cost. Upon the Plaintiff’s instruction, the Defendants paid KRW 27,60,000 to H around January 2010, and the Plaintiff’s steel bars amounting to KRW 27,60,000 to H.