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(영문) 청주지방법원충주지원 2016.11.16 2016가단2249
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 102,90,000 and the interest rate thereon from March 18, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that produces, establishes, etc. a charnel house, and Defendant 00 (hereinafter “Defendant 00”) is a company that engages in the business of constructing and selling charnel houses.

On April 27, 2015, the Plaintiff entered into a construction contract (hereinafter referred to as “instant contract”) with Defendant Ma1, 387, in the total construction cost of KRW 813,00,000 (excluding value-added tax) with respect to the manufacturing and installation, etc. of the Dura1, 387, Mara1, 387.

Defendant Hodam Construction Co., Ltd. (the trade name before the change was referred to as the “stock company’s age construction”; hereinafter referred to as the “Defendant Hodam Construction”) guaranteed Defendant 00’s obligation under the instant contract on the same day.

B. The Plaintiff and the Defendants first agreed to proceed with the general part of the first floor among the relevant construction works. The construction cost for the general part of the first floor under the instant contract is KRW 252,90,000, and the intermediate payment is KRW 100,000,000, the intermediate payment is KRW 60,000,000, and the remainder is KRW 92,90,000,000.

The Plaintiff completed the construction of the first floor around July 2015, but the Defendant paid only 150,000,000 of the construction cost and did not pay the remainder.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination:

A. According to the above facts, the defendants are jointly and severally liable to pay the remainder of the construction cost of KRW 102,900,000 (=252,900,000 - 150,000,000) to the plaintiff, barring any special circumstances.

B. As to this, the Defendants asserted that since the Plaintiff did not perform the interior work in the part of the ordinary room of the first floor as stated in a written estimate, the amount equivalent to KRW 17,190,000, which is the construction cost, should be deducted from the Plaintiff’s construction cost.

However, all circumstances, such as the process of concluding the instant contract between the Plaintiff and the Defendants, which can be seen by the respective statements in Gap evidence Nos. 3, 4, and 5.

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