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(영문) 부산지방법원 동부지원 2018.01.31 2016가단11051
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 117,700,000 won and the period from October 13, 2017 to January 31, 2018.

Reasons

1. Basic facts

A. On November 12, 2014, the Defendants concluded a contract for construction of a new building with D and D (hereinafter “D”) at KRW 600,000,00 (in addition to value-added tax, the contract was awarded separately) on the land of Busan Shipping Daegu, Daegu, and entered into a contract for construction with D and D. B. D subcontracted all of the contracted construction from the Plaintiff to the Plaintiff, and the Plaintiff completed the construction of the said building on October 23, 2015. (c) D transferred “D transferred the construction cost claim of the Defendants against the Defendants, the contractor for construction in connection with the new construction of a new building of a new building of the Busan E-M, Daegu, Busan, to the Plaintiff on July 3, 2017.”

2. The parties' assertion

A. Plaintiff 1) During the construction process, the Plaintiff agreed to perform additional construction works equivalent to KRW 179,451,805, separate from the original construction contract between the Defendants and D. The Plaintiff agreed to pay KRW 50,00,000 out of the said additional construction cost. As the Defendants paid KRW 129,451,805, Aug. 10, 2015, the Plaintiff is obligated to pay the remainder of KRW 129,451,805. (2) The Plaintiff was not paid part of the construction cost from D, and D transferred KRW 39,785,830 to the Plaintiff on July 3, 2017 for the payment of the said construction cost.

Therefore, the Defendants are obligated to pay the Plaintiff KRW 39,785,830,00 to the Plaintiff.

B. Defendants 1) The Defendants requested additional construction costs to the Defendants, and the Defendants agreed to recognize D and additional construction costs as KRW 127,914,170. However, there was no fact that the Plaintiff entered into an agreement with the Plaintiff for additional construction works. Therefore, the Defendants did not have any basis for claiming additional construction costs against the Defendants. 2) The Defendants paid total of KRW 727,914,170 to Le and H, Inc., a subcontractor designated by D and D, thereby not having any unpaid construction cost.

Therefore, the remainder of the construction cost against D by the Defendants is the remainder.

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