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(영문) 서울남부지방법원 2017.06.23 2016가단24219
공사대금
Text

1. The Plaintiff:

A. Defendant B’s KRW 3,467,80 and its related amount are 5% per annum from May 17, 2016 to March 22, 2017.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion was awarded a subcontract for metal works from the Defendants, and performed them at eight construction sites.

The Defendants, upon submitting the final estimate after the completion of construction, pay the construction cost to the Plaintiff immediately, but do not pay some of the construction cost.

Therefore, the defendants are obligated to pay the amount stated in their respective claims to the plaintiff by each contractor.

B. Defendant C’s assertion is the representative of D who carries out interior works, and Defendant B is only a person in charge of field work.

The plaintiff and the defendants decided to determine the construction cost after the completion of each construction work and contracted the construction work, and only refuse to pay some of the costs excessively excessive.

2. Fact-finding and judgment

A. In full view of the purport of Gap's evidence Nos. 1-1-8 and Gap's evidence Nos. 5 as to the status of a contractor, the representative of Eul is defendant C, the defendant Eul is his employee, and six construction works such as sub-building Nos. 2-708 from defendant C, and the plaintiff received six construction works such as sub-building Nos. 708 from defendant C, and it is recognized that the plaintiff received two construction works such as the 2nd floor construction of the F building and the G signboard construction from defendant B. Thus, the defendants are obligated to pay the price related to the above construction.

B. In full view of the purport of the arguments as to the determination method of construction amount Gap evidence 3 and Gap evidence 4, the plaintiff sent a written estimate stating each construction work content and detailed construction cost to the defendants before commencing the construction work contracted by the defendants, and the defendants received it and ordered the plaintiff to perform the construction work without requiring any specific correction as to the stated matters. In the event of an additional construction work, the plaintiff calculated the final construction cost after completion of the construction work and then final it to the defendants by e-mail.

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