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(영문) 의정부지방법원 2019.06.19 2018가단7108
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 2,269,575 and its amount on November 15, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The parties concerned are joint operators of a construction business with the trade name of “E”, and the Defendants are those who jointly operate a construction business other than civil engineering with the trade name of “F.”

B. The Defendants entered into a construction contract 1) On September 2017, 2017, with respect to the Plaintiffs, among the construction works of detached houses on the G G ground, dominju-si (hereinafter “nive-land construction works”).

(2) On September 2017, the Defendants concluded a construction contract with the Plaintiffs to subcontract the construction cost as KRW 1 million on a flat basis. The Defendants concluded a construction contract with the content that they subcontract the construction cost to the Plaintiffs among the new construction works on the ground of Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “H construction”) and that they subcontract the construction work to the Plaintiffs.

Since then, the Plaintiffs completed the subcontracted H construction.

3) From September 2017 to November 201, 2017, the Defendants paid the Plaintiffs a sum of KRW 127,000,000 as the respective construction cost. 【Ground for recognition” The fact that there has been no dispute, and evidence Nos. 1, 2, 3, and 6 (including the serial number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. Summary of the parties’ assertion

A. The Plaintiffs and the Defendants concluded an oral subcontract with respect to the said construction work by setting forth KRW 50 million. The Defendants paid KRW 40,000,000,000 for the said construction work, and did not pay KRW 10,000,000 after paying KRW 50,000 for the said construction work. 2) The Plaintiffs and the Defendants concluded an oral subcontract with fixing KRW 66,30,00 for the said construction work as KRW 6,50,00 for the said construction work and KRW 8,50,000 for the mold (i.e., KRW 850,000 x 78).

The Defendants paid the total amount of KRW 6.5 million for civil construction costs, but paid KRW 64.7 million out of the total amount of KRW 66.3 million, and paid the remainder of KRW 1.6 million.

. An additional contractor.

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