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(영문) 제주지방법원 2016.09.13 2015가단4640
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 91,567,818 won and 6% per annum from August 1, 2014 to September 13, 2016.

Reasons

1. Basic facts

A. On March 8, 2014, the Plaintiff, a corporation, the purpose of which is the construction business, entered into a contract with the Defendants on the completion of construction works for accommodation facilities (hereinafter “instant construction”) located outside Seopo-si and one parcel of land (hereinafter “instant construction works”) for the construction cost of KRW 291,50,000 (including value-added tax) (hereinafter “instant contract”). The instant construction works were completed around July 31, 2014 and delivered the instant building to the Defendant.

B. From March 12, 2014 to August 8, 2014, the Defendants paid the construction cost of KRW 291,500,000 to the Plaintiff.

【Facts without dispute over the grounds for recognition, entries in Gap evidence 1 through 4, and purport of the whole pleadings

2. Comprehensively taking account of Gap evidence Nos. 5 through 8, Gap evidence Nos. 9-1 through 3, Gap evidence No. 10-1 through 5, appraiser D's appraisal results and the overall purport of arguments as to the cause of the claim, the plaintiff may, at the request of the defendants, recognize the fact that the plaintiff performed additional construction work equivalent to the total amount of KRW 91,567,818, which is not included in the original contract of this case, such as tin construction, first floor-to-story, warehouse construction, laundry construction, laundry construction, rooftop roof construction, 1st floor entrance construction, 6 house entrance construction, etc., which are not included in the original contract of this case. The statement No. 1 evidence No. 1 alone lacks counter-proofs. Thus, the defendants are jointly and severally obligated to pay the plaintiff delayed damages calculated from the next day to the 15th day of the year 2014 to the day 16th day of the year 2014.

3. Determination as to the Defendants’ assertion

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