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(영문) 수원지방법원 2018.05.30 2016가단537069
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 3,011,00 and 6% per annum from May 10, 2016 to May 30, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who runs a construction business under the trade name of "D," and the defendants are the husband of the defendant C as the husband of the defendant C.

B. On April 13, 2015, the Plaintiff entered into a contract with Defendant B for construction of a new house of 36 square meters (hereinafter “instant house”) on the ground of Masan-si E in Changwon-si, Changwon-si (hereinafter “instant house”) with the construction cost of KRW 144 million (hereinafter “instant contract”), and the construction cost at the time shall be paid within 15 days after the completion of the relevant house.

C. Approval for use of the instant housing was made on July 6, 2015, and the Plaintiff received KRW 110 million out of the construction cost from the Defendant B on July 10, 2015.

On the other hand, Defendant C completed the registration of initial ownership on July 10, 2015 in its name with respect to the instant housing.

The defendants live in the above house and reside therein.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 4, and 8 (including provisional number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the parties' assertion 1) The plaintiff set the construction cost of the housing of this case as KRW 140 million between the plaintiff and the defendant Eul at the first time, and thereafter set the additional construction cost as KRW 4 million by mutual agreement between them. In addition, since the contract of this case is a legal act regarding the ordinary family affairs of the married couple, the defendants are jointly and severally liable to pay the plaintiff the additional construction cost of KRW 38 million (i.e., the additional construction cost of KRW 400,000,000,000 which was paid to the plaintiff (= KRW 400,000,000,000,000,000,000). The defendants did not agree between the plaintiff and the plaintiff to pay the additional construction cost of KRW 4 million,00,000,000,000,000 between the plaintiff and the plaintiff, and the defendant C purchased the housing of this case from the defendant Eul, and the defendant C is not liable to pay the construction

B. Whether to recognize the additional construction cost; and

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