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(영문) 울산지방법원 2018.03.29 2017가합20278

공사대금

Text

1. Defendant E shall pay to the Plaintiff KRW 250,025,634 as well as the interest rate from February 4, 2017 to the date of full payment.

Reasons

1. Basic facts

A. Defendant B, C, and D entered into a partnership agreement with regard to the business of constructing multi-household housing with 2 Dong and 16 households on the land level, and multi-household housing with 16 households on the land level, other than H, and 4 parcels (hereinafter “instant business”).

B. Defendant B, C, and D, following the conclusion of the above partnership agreement, promoted the above business by using the name of the owner as I, and entered into a contract with J Co., Ltd. (hereinafter “J”) on January 2016 to set the construction cost as KRW 1,566,00,000 with respect to the construction of each multi-household house.

C. Around January 2016, Defendant E Co., Ltd. (hereinafter “Defendant E”) entered into a construction contract with J to accept some of the aforementioned new construction works at KRW 712,00,000.

On February 1, 2016, the Plaintiff entered into a construction contract re-subcontracted by each Defendant E (hereinafter collectively referred to as the “instant construction contract”) on the construction cost of 220,000,000 won for reinforced concrete construction among the Gyeong-gun F and G ground construction works, and on the construction cost of 225,00,000,000 won for reinforced concrete construction works among the H and four lots of ground construction works (excluding value-added tax) between Defendant E and Defendant E.

(However, among the above new construction works, the construction cost of the first floor is later agreed to be calculated by multiplying the piloti area by KRW 330,000 per square meter according to the construction permit, and adding the contract amount to the contract amount. Meanwhile, the subcontract agreement on each of the above construction works is stipulated as a contracting party as a "K of a stock company," but it is a clerical error of "K" which is not a stock company but a private company of the plaintiff.

E. The Plaintiff completed the construction under the instant construction contract. Of the total construction cost of KRW 538,00,000,00, including the additional settlement amount, the Plaintiff was paid KRW 287,974,366, and the remainder of KRW 250,025,634, which was not paid.

[Ground of recognition] Unsatisfy, Gap 1 to 3, .