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(영문) 대구지방법원 2018.04.18 2017나315954
공사대금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff is operating a man-made company with the trade name “E”, and the Defendants, a woman, are operating “G kindergarten” in the old and American City F.

B. Around December 2015, the Plaintiff discussed about Defendant C and G kindergarten remodeling work (hereinafter “instant work”). At first, the construction work was intended to increase with the budget of KRW 15 million, and the construction work amount was finally determined as KRW 40 million. The construction period was set from January 2, 2016 to January 17, 2016.

C. From January 2, 2016, the Plaintiff commenced the instant construction from around January 2, 2016, and completed the instant construction work in February 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 evidence, the purport of the whole pleadings

2. Determination as to a primary claim for construction cost

A. The Plaintiff’s assertion 1) around December 2015, the Plaintiff entered into a contract with the Defendants to undertake the instant construction cost of KRW 40 million from January 2, 2016 to January 17, 2016. However, in the course of the Plaintiff’s execution of the instant construction, Defendant B participated in daily and demanded additional construction for the portion not agreed at the time of the initial contract. Defendant C also ordered the Plaintiff to pay the construction cost for all additional construction cost as required by Defendant B while ordering additional construction. Accordingly, the Plaintiff paid KRW 8394,00 to the Plaintiff for the total construction cost.

3) Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the additional construction cost of KRW 43.94 million ( KRW 83.94 million) and damages for delay from January 18, 2016 to the Plaintiff. (B) First, as to the claims against Defendant B, the Plaintiff was present at all times at the discussion of the instant construction work, even if Defendant B and Defendant C were to stay at the construction site of this case.

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