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(영문) 부산지방법원동부지원 2015.07.15 2013가단18402
공사잔대금
Text

1. Defendant A’s KRW 16,432,475 as well as 5% per annum from July 2, 2015 to July 15, 2015.

Reasons

1. Basic facts

A. On June 10, 2013, the Plaintiff entered into a construction contract with Defendant A with the content of the construction cost of KRW 155,000,000 for remodeling construction work for the Damo room 16 households located in the Geum-gu Busan (hereinafter “instant building”) (hereinafter “instant construction contract”) (70,000,000 for intermediate payment, KRW 35,000 for intermediate payment, KRW 50,000 for the remainder payment, KRW 50,000 for the remainder payment, and KRW 50,000 for the construction period (hereinafter “instant construction contract”).

B. Around June 13, 2013, the Plaintiff commenced construction work and completed construction work on August 12, 2013, and was paid KRW 15 million out of the construction cost by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff asserts that Defendant A, the husband of the Defendant A, jointly and severally guaranteed the Defendant A’s debt owed to the Plaintiff relating to the instant construction contract.

The fact that the Defendant A’s unmanned seal affixed to the name of “A guarantor B” in the instant construction contract (Evidence 1, No. 1, No. 1) is not a dispute between the parties, and there is no evidence to acknowledge whether the Defendant B has jointly and severally guaranteed it.

Therefore, the plaintiff's claim against the defendant B is without merit to examine further.

3. Determination as to the claim against Defendant A

A. On July 15, 2013, the Plaintiff asserted that, upon the occurrence of an additional construction work, the additional construction work was 19,930,000 won as a result of the estimation with Defendant A’s consent, and that the additional construction work was performed after the Defendant agreed to receive the said additional construction cost together. The Plaintiff’s total construction cost of KRW 174,930,000 (15,000,000 KRW 19,930,000) received KRW 1.5 million out of the total construction cost and did not receive the remainder of KRW 69,930,000.

First of all, we examine whether Defendant A consented to the Plaintiff’s additional work and agreed to pay additional work cost.

A.

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