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(영문) 대구지방법원 2018.12.06 2017나315084
공사대금
Text

1. Of the judgment of the court of first instance, the part against Defendant A in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that constructs a building, constructs electricity, fire fighting, etc., and the comprehensive construction of the same subparagraph is a general construction company, and Defendant A and B are mother and child, who owns one-half shares of the land in racing-si C (hereinafter “instant land”) and one-half shares of the above ground buildings.

B. On October 25, 2014, Dong-dong Construction: (a) was ordered by Defendant A to remodel the existing five-story building on the ground of the instant land (hereinafter “apped building”) and to construct a three-story building on the ground on the said land (hereinafter “BB building”).

C. On October 25, 2014, the Plaintiff was awarded a subcontract for electrical construction and fire fighting works during the foregoing construction (hereinafter “instant construction”) as construction period from October 27, 2014 to April 30, 2015 (including value-added tax).

In April 2015, the Plaintiff and Dong Comprehensive Construction, and Defendant A agree to directly pay the construction cost of this case by Defendant A and one owner, who are inevitable due to the circumstances of the Dongho Comprehensive Construction. The first subcontract construction cost is KRW 202,400,000 (including value-added tax) and the construction cost that was paid to the Plaintiff by Dong Dong Comprehensive Construction is KRW 110,000,000, and the remainder of the first contract amount is KRW 92,400,000. The additional construction cost incurred during the construction is KRW 11,40,000 (including value-added tax) and the aggregate of the remainder and the additional construction cost is KRW 103,40,000. Of them, 50,000,000 among them is paid until June 12, 2015, the remainder is 53,400,000,000 after completion of the construction work.

(hereinafter referred to as “instant agreement”) an agreement under the said agreement. E

The letter of agreement of this case is written in the building owner column, Defendant A and one other, and Defendant A’s seal is affixed thereto.

F. The Plaintiff’s construction work around December 13, 2015.

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