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(영문) 서울중앙지방법원 2014.09.16 2012가단182227
공사대금
Text

1. The defendant is against the plaintiff (appointed party), 1.35 million won, 7.50 million won to the Appointee B, and so on to the Appointer Young Jae Co., Ltd.

Reasons

1. Basic facts

A. On May 1, 2011, G entered into a construction contract with the Defendant for the instant new housing construction project (hereinafter “instant construction project”) with the period from May 1, 201 to September 1, 201, in order to newly construct a detached house (hereinafter “instant housing”) on the ground of Hongcheon-gun, Hongcheon-do H, Gangwon-do H, with the construction cost of KRW 180,000,000 and the construction period from May 1, 201 to September 1, 2011.

(hereinafter “instant contract”). (b)

The Defendant, with I as the field director, carried out the instant construction, and during that process, I concluded a subcontract and a material supply contract necessary for the instant construction with the subcontractor, material supplier, etc. under the name of the Defendant.

C. From May 2, 2011 to August 12, 2011, G paid the Defendant the total amount of KRW 180 million for the instant construction cost. D.

The Defendant requested G to increase the construction price three times from June 201 to August 2011. On August 201, 2011, the instant construction was suspended on the ground that the Defendant’s subcontractor was not paid the subcontract price, and the Defendant and G attempted to enter into an agreement on the increase in the construction price, settlement of subcontract price, and continuation of construction work on August 12, 201, but did not reach agreement.

E. Since September 201, G paid a subcontract price or price for materials on behalf of the Defendant to a subcontractor and a material supplier who entered into a subcontract or a material supply contract with the Defendant from around September 201, G concluded a direct subcontract or a material supply contract for the non-construction portion without concluding a subcontract or a material supply contract, and completed the instant construction by carrying out the construction work. On December 29, 201, G was subject to a pre-use inspection on the instant housing.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 9 through 21, and purport of the whole pleadings

2. The assertion and the board; and

A. The Plaintiff A’s construction cost is KRW 2350,000,000 and that is.

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