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(영문) 수원지방법원 2020.06.04 2019가단518373
공사대금
Text

The Defendants jointly and severally agreed to the Plaintiff KRW 45,877,101 as well as 6% per annum from March 26, 2019 to June 4, 2020.

Reasons

1. On June 19, 2018, the Plaintiff entered into a construction contract between the Defendants and completed the construction project, setting the construction cost of KRW 270,000,00 with respect to “new multi-family housing construction project on the D-based D-based ground.”

(2) On December 19, 2018, after the date of approval for the use of the instant building (hereinafter December 12, 2018), the Defendants prepared and sent to the Plaintiff each letter stating that “The remainder of the instant construction contract is KRW 84,550,00,000,” and around December 31, 2018, each letter stating that “The remainder of the instant construction contract is KRW 84,550,000,000” will be paid for the remainder of the instant construction contract (hereinafter “each letter of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (if there are additional numbers, including the provisional lot number list; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion was that the Plaintiff implemented additional construction work equivalent to KRW 19,350,000 at the request of the Defendants in the construction process of the instant case, and the construction cost paid by the Defendants is merely KRW 228,50,000, and the Defendants are jointly and severally liable to pay the Plaintiff the agreed construction cost of KRW 60,850,000 (i.e., the agreed construction cost of KRW 270,000,000, KRW 19,350,000 for the agreed construction cost of KRW 228,50,000) and the delay damages therefrom.

B. 1) The Plaintiff asserted that an additional construction cost of KRW 12,00,000 in the construction process of the instant case (i.e., the cost of removing the existing building (i., the cost of KRW 2,850,000 for landscaping costs of KRW 2,50,000 for concrete facilities for concrete but for KRW 12,00,000 for the replacement cost of the first floor floor of KRW 12,00,000 for the replacement cost of the first floor; however, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the above additional construction content and its amount, and there is no other evidence to acknowledge it otherwise.

However, around December 31, 2018, the Defendants would pay to the Plaintiff the remainder amount of KRW 84,000,000 for the instant construction contract.

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