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1. The Defendant: (a) KRW 67,560,00 for Plaintiff A; and (b) KRW 55,341,00 for Plaintiff B; and (c) for each of them, from November 12, 2014 to September 2016.
Reasons
1. Presumed factual basis
A. On June 27, 2014, C Co., Ltd. (hereinafter “C”) contracted to the Defendant a new construction work of Class II neighborhood living facilities (C building) on land (hereinafter “C”) outside D at the time of strike to the Defendant.
B. From July 1, 2014 to September 30, 2014, the Defendant subcontracted the construction period to the Plaintiff as KRW 65,00,000 for construction work (excluding value-added tax).
C. From July 1, 2014 to September 30, 2014, the construction period of a waterproof construction project (hereinafter “instant waterproof construction project”) is KRW 45,00,000 (excluding value-added tax, and value-added tax) and KRW 85,00,00 (85% of the amount of direct contribution), and the terms and conditions of a special agreement stipulate that the amount of the construction cost shall be determined as 85% of the details of the construction cost (direct construction cost). The amount of the construction cost shall be determined as 85% of the amount of the construction cost. After the completion of the construction project, the amount of the construction cost shall be settled and paid.” The Plaintiff subcontracted to the Plaintiff B.
From July 2014 to September 2014, Plaintiff A had an additional construction work, such as the instant sculpture and the Schedule I, and Plaintiff B had an additional construction work, such as the instant unregistered flood control work and the Schedule II.
The construction project was suspended on October 2014 due to the failure to pay the progress payment of C.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-1, Gap evidence 4 and 7-1, Gap evidence 4 and 7, witness E's testimony, witness F's testimony, the purport of the whole pleadings
2. Main part of the Project
A. 1) The judgment as to the cause of the claim by the plaintiffs as to the completion of the principal construction project by the plaintiffs, the defendant is obligated to pay the plaintiff Gap 65,00,000 won and 45,000,000 won to the plaintiff Eul. 2) In full view of Gap evidence No. 7, and witness E's testimony, it is reasonable to deem that the period of the construction project of this case is 80%, and that the period of the construction project of this case is equivalent to 60%. Thus, the defendant shall pay the plaintiff Gap 52,00,000 (construction price of 65,000,000,000) and 27,00,000,000 won to the plaintiff Eul (i.e., construction price of 45,000,0000 x 6.6).