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(영문) 대구지방법원 2016.02.18 2015나10200
공사대금
Text

1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On July 201, the Plaintiff was awarded a contract with Defendant C for the construction of multi-family houses on the ground (hereinafter “instant construction”).

The contract between the Plaintiff and the Defendant, which set forth the specific contents of the subcontract, was not prepared.

B. The Plaintiff continued the instant construction and completed the construction around February 10, 2012.

C. Defendant B is the owner of the said new building as the wife of Defendant C.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff paid KRW 561,004,050,050, including the subcontract construction cost and personnel expenses, to the Plaintiff while carrying out the instant construction project contracted by the Defendants. As such, the Defendants are jointly and severally liable to pay the Plaintiff the remainder of KRW 98,00,000 after deducting the price already paid from the said construction cost from KRW 463,00,00.

(hereinafter referred to as “the first proposal”). (b)

Even if not, the Plaintiff and the Defendants set the construction cost at KRW 2.5 million per square year, and agreed that the construction work may be modified or added by the owner of the building, and the additional construction cost shall be borne by the owner of the building. The Plaintiff spent the construction cost of KRW 561,00,000, including the additional construction cost, and the Defendants are jointly and severally liable to pay the unpaid construction cost to the Plaintiff.

(hereinafter referred to as the “section 2”). (c)

In the process of performing the instant construction, the parking lot was extended, the construction of Ireland was installed, and the construction cost was increased by changing the elevator from six to 12 persons. As such, the Defendants are jointly and severally obligated to pay the Plaintiff KRW 20 million of the construction cost for the expansion of the parking lot, KRW 18.5 million of the construction cost for the construction cost for the alteration of the elevator, KRW 34.1 million of the construction cost for the alteration of the elevator.

(hereinafter referred to as “third-party Chapter”). D.

In order for the Plaintiff to exercise the right of retention, this case.

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