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(영문) 서울중앙지방법원 2015.10.21 2014가합592580
공사대금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 149,825,00,00 per annum from May 13, 2015 to October 21, 2015.

Reasons

1. Basic facts

A. Defendant C decided to newly construct six Dongs from Jinjin-si E, etc., and ordered Defendant B to undertake the said new construction work.

The cost of retaining wall construction KRW 105,000,000 shall be paid within 10 days when completion of the construction of two identical concrete works of this case.

A construction work cost of KRW 370,700,000 (=10% of value-added tax of KRW 337,000,000 for construction cost + KRW 10% of value-added tax of KRW 337,700,00 for construction cost) shall be paid in one order at the time of financing or sale by a bank.

Provided, That the wood hole and steel reinforced wage shall be completed within 10 days at the time of completion of each concrete building with the second floor and the fourth floor.

B. On March 6, 2014, Defendant B subcontracted to the Plaintiff the parts of the structural frame and retaining wall construction (including the supply of necessary temporary materials, such as wood hole, steel hole, etc., and equipment, such as pumps and pumps, and the arrangement of materials) to KRW 636,00,000.

(2) On June 2, 2014, Defendant B subcontracted only the loan portion of the instant construction to the Plaintiff on June 2, 2014, and entered into a contract to change the amount, time, etc. of the construction cost (hereinafter “the second contract”).

Relevant parts of the secondary contracts are as follows:

C. Around that time, Defendant C and its children jointly and severally guaranteed Defendant D’s secondary contractual obligation against the Plaintiff.

On July 2014, the Plaintiff completed the above construction work.

E. The Defendants paid 220,875,000 won, either directly or in lieu of the Plaintiff’s relevant expenses, as the construction cost, to the Plaintiff up to the day.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4 (including each number; hereinafter the same shall apply), witness F's testimony, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff asserts that the parties concerned claim construction price under the second contract is KRW 370,700,000, including value added tax, = 337,000.

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