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(영문) 인천지방법원부천지원 2015.01.29 2014가단34128
공사대금 등
Text

1. The defendant shall be jointly and severally with C to the plaintiff KRW 18,864,100 and the period from November 18, 2014 to January 29, 2015.

Reasons

1. Basic facts

A. The defendant completed business registration with the trade name of "E" in Yangcheon-gu Seoul Metropolitan Government D, and operates the above store with the defendant's husband C (hereinafter "the store of this case").

B. On September 17, 2013, the Plaintiff entered into a construction contract with the instant store (hereinafter “instant construction contract”) with respect to interior construction works. At the time, the Plaintiff issued a written estimate of KRW 87,100,000 of the construction cost (excluding value-added tax) to C regarding the instant construction works. The detailed details are as indicated in the corresponding column of the written estimate as of September 17, 2013.

C. At the time of the instant construction contract, the Plaintiff agreed to submit a written estimate, detailed statement, process schedule, and written consent for construction to obtain approval from C before the commencement of the construction work. C, upon the request of C, agreed to pay the Plaintiff additional expenses incurred in the modification and adjustment, if any.

Meanwhile, with respect to the instant construction contract, the Defendant and C paid to the Plaintiff totaling KRW 75,00,000,000 on September 18, 2013 as construction cost, and KRW 15,000,000 on September 30, 2013, and KRW 15,000 on October 8, 2013, and KRW 15,000,000 on December 15, 2013, and KRW 19,000 on October 19, 2013, and KRW 5,000,000 on October 20, 2013, respectively.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2, 3, and 6's statements, the purport of the whole pleadings

2. Assertion and determination

A. (1) Of the instant construction projects, the Plaintiff had increased the construction cost of KRW 115,90,00 (in addition to value-added tax, specific details are as indicated in the estimate as of November 12, 2013) due to the change of the design drawings and the change of construction materials between the Defendant and C among the instant construction projects. The Defendant is the representative of the instant burial, and is a joint manager, and is obliged to pay the Plaintiff the amount of KRW 52,490,00 (value-added tax of KRW 11,590,000,000, value-added tax of KRW 11,590,000) and damages for delay.

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