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(영문) 대구지방법원포항지원 2017.09.12 2016가단104447
양수금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 47,448,00 won and each year from June 8, 2016 to September 12, 2017.

Reasons

1. On June 10, 2015, the Defendants entered into a construction contract with Yong-Nam Branch Co., Ltd., Ltd. (hereinafter referred to as “Seoul-Nam Branch”), with respect to the interior works (hereinafter referred to as “instant basic works”) of the Gangnam-gu E store located in the Nam-gu, Seoul-gu (hereinafter referred to as “instant coffee branch”) at the time of distribution, the Defendants entered into a contract for construction works (hereinafter referred to as “instant basic construction contract”) with the payment of construction cost of KRW 183,60,000 (excluding value-added tax; hereinafter the same shall apply), and the construction period of which is set at 45 days from the date of the contract (hereinafter referred to as “instant basic construction contract”).

The Defendants entered into a construction contract with the Yong-Nam Nam branch of the month with the content that, through the terms and conditions of the instant basic construction contract, the interior construction of the third floor of the coffee store was set at KRW 18,00,000,000.

On August 2015, the Defendants entered into a construction contract with Yong-Nam branch office in Yong-Namon with the amount of KRW 1,200,000 per average construction cost, and KRW 18,00,000 per average construction cost. Since the construction was performed thereafter, the actual area was only 14 square meters, the said additional construction cost was finally KRW 16,80,000,000.

On September 7, 2015, the Defendants entered into an additional contract for construction works with the Yong-Nam Branch of the Compact, with the content that the signboards of the instant coffee store, furnitures (inwards) construction cost of KRW 50,700,00, and the construction period of which is 45 days from the date of the contract, respectively.

(1) The Defendants paid total amount of KRW 24,62,00 as construction price, upon receipt of KRW 73,75,00 on July 15, 2015, 73,75,000, August 14, 2015, 132,429,000, and KRW 30,624,00 on September 15, 2015, and KRW 7,854,00 on September 21, 2015.

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