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(영문) 수원지방법원성남지원 2016.01.15 2014가합4060
공사대금
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 52,588,985, and each of the said money, from January 8, 2014 to January 2016.

Reasons

1. Basic facts

A. Defendant B is the Silver of Defendant C, and D is the spouse of Defendant B’s son and Defendant C.

B. On July 29, 2013, the Plaintiff entered into a construction contract (hereinafter referred to as the “instant construction contract”) with respect to construction works (including septic tanks construction works) on the land (hereinafter referred to as “E land”) of the E-si in Gwangju-si, the F large scale 464 square meters (hereinafter referred to as “F land”) and the F large scale 463 square meters (hereinafter referred to as “E land”) on behalf of the Defendants, with a total of KRW 400 million in total, and KRW 80 million in total, and KRW 300 million in total, and KRW 300 million in total, and KRW 300 million in total, within 15 days after completion of the construction work (hereinafter referred to as “instant construction contract”).

However, the trial construction of each of the buildings of this case in the aggregate building ledger is a Co., Ltd., and the defendant B is the owner of the F building, and the defendant C is the owner of the building E.

C. Each of the instant buildings was completed on December 23, 2013, respectively.

From July 22, 2013, Defendant B paid a total of KRW 368,00,000 to the Plaintiff as construction cost, and Defendant C paid KRW 317,000,000 to the Plaintiff. Upon the request of the Defendants, the Plaintiff returned KRW 20 million to the passbook in the name of D on July 30, 2013, and KRW 10,000 to the passbook in the name of G on August 7, 2013, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 5, 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion is that the Defendants are obliged to pay the Plaintiff the construction cost of KRW 400 million. Defendant B paid only KRW 368,000,000 to the Plaintiff, and Defendant C paid only KRW 317,000,000 to the Plaintiff.

In addition, the Plaintiff paid 25,00,000 won of floor reconstruction expenses on behalf of the Defendants, and returned 30,000,000 won of the construction expenses paid to the Defendants.

Therefore, Defendant B, the remainder of the construction work, KRW 59,500,00 (=40 million – KRW 368,000,000, KRW 27,500), and Defendant C, the remainder of the construction work (=55 million).

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