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(영문) 광주지방법원 2015.12.23 2015나584 (1)
공사대금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are asserted by the Defendants.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On October 16, 2013, the Plaintiff entered the contract of this case as the owner of Defendant C, but the fact that Defendant B, as the father and joint owner of Defendant C, agreed on the work price with the Plaintiff, is not disputing the Defendants.

From this point of view, among the construction of a new pentle on the ground of D and E, contracted for 93,000,000 won (hereinafter the above pelle construction referred to as the “instant construction,” and the contract for this work is referred to as the “instant contract”). The construction scope of the contract includes “the installation and dismantling of a pelle house, the installation and dismantling of a pelle, the installation and dismantling of a rain gauge, the processing and distribution of steel bars, and the addition of a ready-mixed snow (including a swimming pool, access road, and the fences foundation)” but the Plaintiff agreed to do the basic work not stated in the above contract at a intervals.

B. The Plaintiff and the Defendants decided to increase the construction cost in KRW 101,00,000 on January 2014.

C. The Plaintiff received payment of KRW 92,000,000 from the Defendants until now.

[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. Summary of the parties' arguments

A. On January 16, 2014, the Plaintiff constructed both the part of the instant construction, excluding the work of packing access roads into cement and the base work.

In addition, the above non-construction part was to be constructed after the defendants embling it in accordance with the process, and it was arbitrarily executed by the defendants.

Therefore, the Defendants are jointly and severally liable to pay the remaining construction cost of KRW 9,000,000 (=101,000,000 - KRW 92,00,000) to the Plaintiff.

B. The Defendants’ instant construction contains two swimming pool construction (one middle and one small-sized construction), access road packing, shipping-based work and fences extension (such as 1.b., agreement to extend fences more than those scheduled at the time when the contract was concluded), and the Plaintiff’s vision installed.

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