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(영문) 대구지방법원 2019.07.03 2018나302375
공사대금
Text

1. The part of the judgment of the court of first instance (the main text No. 2-b) shall be revoked, and the revoked part shall be applicable.

Reasons

1. The first instance court dismissed the Plaintiff’s primary claim and accepted the conjunctive claim. Since only the Defendants appealed as to the part against the Defendants, the scope of this court’s trial is limited to the cited conjunctive claim.

2. Basic facts

A. The Defendants are co-owners of G miscellaneous land of 1626 m2.6 m2 in common.

B. On November 23, 2015, Defendant B, representing the Defendants, entered into a contract with F on a contract with the H Corporation of the third and third floor above ground level (hereinafter “instant construction”) on a contract amount of KRW 6,50,000 (including value-added tax) as indicated in the attached Form.

C. On January 17, 2016, the Plaintiff was awarded a subcontract for the soil and rock facilities construction (hereinafter “instant subcontracted construction”) among the instant construction works to the contract price of KRW 187,00,000 (including value-added tax).

However, the part of the subcontracted project of this case was excluded from the Switzerland file Corporation contained in the part of the earth and sand of the instant subcontracted project.

The Plaintiff completed the instant subcontract work on April 16, 2016, but was not paid at all by F the construction cost of the instant subcontract.

E. F around May 2016, F discontinued the instant construction work.

At that time, the instant construction was conducted with soil construction, such as the ground-breaking of the first floor, building of the second floor floor concrete, building of outer walls of the second floor above ground, and building of outer walls of the second floor above ground, and other internal columns, steel bars and fresh construction, building of steel bars, and fresh construction.

However, among the earth and sand works, the SPP file work was constructed by changing materials into a PHC file.

F. The Defendants paid F KRW 70,00,000,000 as construction price on December 9, 2015, and KRW 20,000,00 on March 10, 2016, and leased KRW 125,00,000 on April 20, 2016.

G. F. On May 23, 2016, and May 25, 2016, Defendant B and F, representing the Defendants, renounced the execution of the instant construction, and the instant construction.

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