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(영문) 광주지방법원 2015.08.12 2013가단62747
공사대금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 23,197,931 as well as as the period from October 12, 2013 to August 12, 2015.

Reasons

1.The following facts may be found either in dispute between the parties or in full view of the purpose of each testimony and the entire pleadings of the witness D:

On May 2013, the Defendants contracted to the Plaintiff on May 1, 2013, the instant construction work (hereinafter “instant construction work”) for remodeling, extension, etc. of the instant multi-story roof housing, which is located on the ground of 55 square meters above 55 square meters in Sinju-si.

B. Around May 18, 2013, the Plaintiff commenced the instant construction and completed the said construction around July 3, 2013, and for 35 days during the said period.

C. The Defendants paid to the Plaintiff the instant construction cost of KRW 5,00,00 on May 20, 2013, KRW 5,000,00 on May 29, 2013, KRW 3,000,000 on June 14, 2013, KRW 6,800,000 on June 14, 2013, and KRW 7,417,000 on June 16, 2013, KRW 292,00 on June 17, 2013, KRW 1,216,00 on June 18, 2013, KRW 30 on June 30, 200, KRW 1,000 on June 30, 200 on June 29, 2013, KRW 300 on June 3, 200, KRW 2003; and

2. Determination

A. First of all, we examine whether the construction cost of this case is always determined as to the cause of the claim.

In this regard, the Plaintiff asserted that “The Plaintiff agreed between the Defendant and the Plaintiff on the amount calculated by adding the labor cost calculated as KRW 150,000 per day to the expenses actually paid for the said construction work,” but subsequently, changed the assertion that “The fixed construction cost was to be settled at that time.”

On the other hand, the defendant asserts that the above construction cost is set at KRW 37,500,000.

In other words, the witness D agreed in this court to determine the amount calculated by adding the labor cost calculated as KRW 150,000 per day to the expenses actually incurred by the Plaintiff while awarding a contract for the repair and extension of the building to the Plaintiff on March 2012.

The Defendants, who worked together at the State-si at that time, shall speak on the instant construction work from leakage or G.

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