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(영문) 창원지방법원 통영지원 2021.02.16 2020가합1628
공사대금
Text

1. The Defendants jointly share KRW 72,358,840 with respect to the Plaintiff and the period from October 31, 2018 to February 16, 2021.

Reasons

Facts of recognition

1. Public mission: E (Freging and freezing) new construction works;

2. The place of construction: D in a City/Do.

3. Date of commencement: The contract amount on June 15, 2016: KRW 490,000 ( KRW 490,000): KRW 200,000; KRW 200,000: KRW 200,000: KRW 300,000: The remainder of KRW 90,000: 11. The delayed rate: 1/100 (Provided, That there is no delay in payment due to surrounding circumstances) the Plaintiff entered into a new construction contract (hereinafter referred to as the “construction”) of D ground E (hereinafter referred to as the “building”) at the time of common working on March 1, 2016, with the value of KRW 9,400,000,000 (hereinafter referred to as the “instant construction project”).

When it was confirmed that geological features of the instant construction site have been weak, the Plaintiff conducted geological surveys and additional civil engineering works and reinforcement designs of the basic structure of the instant construction site, and thereafter, while performing the instant construction works, the Plaintiff agreed with the Defendants to either modify the design or build additional construction works.

The Plaintiff received KRW 470 million from the Defendant, including the down payment of KRW 200 million, as the price for the instant construction project.

The Plaintiff completed the instant construction on January 3, 2017, and Defendant C obtained approval for the use of the instant building on January 3, 2017, and completed the registration of ownership on January 17, 2017.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including number number; hereinafter the same shall apply), witness F, G’s testimony, and the purport of the entire pleadings, the plaintiff’s assertion by the parties concerned as to the purport of the entire pleadings, the plaintiff performed additional civil construction works to reinforce the weak geological features in addition to the construction stipulated in the contract of this case, and paid the defendants’ geological survey costs. At the request of the defendants, additional construction works (i) concrete construction works, (ii) construction works, and (iii) construction works.

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