(영문) 의정부지방법원 2016.09.08 2015가단12437

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(영문) 의정부지방법원 2016.09.08 2015가단12437

공사대금

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On September 17, 2012, the Plaintiffs asserted as to the cause of the claim entered into an agreement with the Defendant on the personnel procurement and personnel expenses agreement (hereinafter “instant subcontract”) with the content that they receive subcontracting on September 24, 2012, with the cost of the cump repair and re-design construction of the Yeongdeungpo-gu Kui-gu C apartment (excluding value-added tax) and the construction period from September 24, 2012 to November 12, 2012, and additionally entered into a construction project with the Defendant for additional construction of KRW 36,670,000,000 in total, other than three parking lot luminous lamps, etc.

However, the Defendant paid to the Plaintiffs a total of KRW 228,00,000,000, and did not pay the remainder of KRW 121,670,000.

Therefore, the Defendant is obliged to pay the Plaintiffs the unpaid construction cost of KRW 121,670,00 and the damages for delay from November 13, 2012, which is the following day after the completion of the construction.

2. The evidence alone submitted by the Plaintiffs alone that the Plaintiffs completed the construction work under the instant subcontract.

In addition, there is no evidence to acknowledge that the construction cost corresponding to the Plaintiffs’ work progress exceeds KRW 228,00,000, which is paid by the Plaintiffs, and there is no other evidence to acknowledge that the construction cost corresponding to the Plaintiffs’ work progress exceeds the amount of KRW 228,00.

Rather, according to the appraiser D’s appraisal result, the construction cost of the construction work directly executed by the defendant due to the lack of the plaintiffs among the construction works in the subcontract of this case reaches KRW 145,883,493, and the expenses that the plaintiffs paid to the defendant to repair due to the defects in the part of the painting construction work, are KRW 38,521,796, and it can be acknowledged that the necessary defect repair cost in the future is 549,802, and the plaintiffs’ assertion is without merit.

3. In conclusion, the plaintiffs' claims of this case are all dismissed as it is without merit. It is so decided as per Disposition.

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