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(영문) 수원지방법원안양지원 2017.12.15 2014가합105962
공사대금
Text

1. Defendants B, C, D, and E jointly and severally with the Plaintiff KRW 189,181,958 and their related thereto from January 31, 2015 to December 15, 2017.

Reasons

1. Basic facts

A. On November 16, 2011, between the Plaintiff and the Plaintiff, the Defendants entered into a contract for construction works with the Plaintiff, setting the total construction cost of KRW 2.257 billion (Defendant B, C1.226 billion, Defendant D, and E1.31 billion) from November 17, 2011 to July 31, 2012, with respect to the new construction works of each of the instant buildings as seen below (hereinafter “instant construction works”).

(2) The construction contract of this case (hereinafter “the construction contract of this case”). However, the construction contract of this case was written as follows: ① Defendant B and C are merged with H-type residential housing No. 131 square meters and I-type 230 square meters (current H-type 361 square meters; hereinafter “instant H land”); ② Defendant D and E are merged with K-type residential housing No. 158 square meters and L-type 170 square meters and L-type residential housing No. 170 square meters (current K-type 328 square meters; hereinafter “instant land”) on the ground of the above urban residential housing B (hereinafter “instant building”).

B. Each of the instant buildings was completed on the second and fourth underground floors, and completed the completion inspection on January 16, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 6, 9, Eul evidence 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s assertion that the construction contract of this case was concluded by the Plaintiff is not the Defendants’ respective parties but the “M”, a partnership whose members are the Defendants.

Therefore, the Defendants, a member of M, are jointly and severally liable to pay the following amounts and damages for delay to the Plaintiff.

Basic construction cost: 177,861,198 won, excluding the remaining KRW 2,135,805,128 of the agreed construction cost (including value-added tax) 2,313,66,326 won;

(b) Costs of the primary construction work: 30,199,703 won;

(c) The secondary construction cost: 27,896,000 won;

D. Regarding the instant construction project.

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