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(영문) 창원지방법원 2019.06.20 2018가단105265
공사대금
Text

1. The Defendants jointly share KRW 18,780,90 with respect to the Plaintiff and 5% per annum from April 12, 2018 to June 20, 2019.

Reasons

1. Basic facts

A. On December 12, 2015, the Plaintiff entered into a design service contract with the Defendants on a reinforced concrete building and a neighborhood living facility (three-story buildings, a building area of 150 square meters, a total floor area of 400 square meters, and a building No. 1 of this case, hereinafter referred to as “instant building”) in order to construct a reinforced concrete building and a neighborhood living facility (hereinafter referred to as “first contract of this case”) with the Defendants on December 12, 2015 (hereinafter referred to as “first contract of this case”).

(2) On June 13, 2016, the Plaintiff and the Defendants, and the Flux F.4m. 277.4m2, the Plaintiff are the instant building 2 on the multi-family house of reinforced concrete and neighborhood living facilities, 150m2, the building area of 150m2, the total floor area of 430m2, hereinafter referred to as “second building”).

B In order to construct B, the design service contract was concluded between the contract price of 33 million won and the period from June 23, 2016 to the time of approval for use.

hereinafter referred to as "the second contract of this case"

B) According to the instant contract Nos. 1 and 2, the Plaintiff paid the Defendants 10% of the price at the time of signing each contract, 40% of the price at the time of submitting the plan design documents, 40% of the price at the time of submitting the interim design documents, and 10% of the price at the time of submitting the execution design documents.

2) With respect to the instant contract No. 1, the Plaintiff paid the Defendants a total of KRW 18 million (50% of the price). The Plaintiff and the Defendants agreed to first implement the construction works under the instant contract No. 2, and suspended the progress of the instant contract. 3) The Plaintiff paid the Defendants a total of KRW 33 million (10% of the price) with respect to the instant contract No. 2.

C. The construction works of the building No. 2 of this case, the Plaintiff’s cancellation notice 1, demanded the Defendants to change the structure or materials to the Plaintiff, the owner of the building. However, the Plaintiff’s refusal did not properly deliver them to the Plaintiff.

2. The plaintiff listens to sound that there is a part in need of design change, such as toilets, from the contractor, and intends to modify the design to the defendants.

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