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(영문) 의정부지방법원 2016.09.29 2015가합3607
공사대금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of litigation shall be borne by the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. On February 28, 2013, the Plaintiff Dap General Construction, the Plaintiff Dap General Construction Co., Ltd. (hereinafter “instant construction”) concluded a contract on the instant construction project (hereinafter “instant construction”) with respect to the construction works with the content of newly constructing Epenta (hereinafter “instant penta”) on the land surface (hereinafter “instant construction”).

Defendant B is the owner of the instant pension site.

The Defendants are obligated to pay KRW 350,000,000 and damages for delay, excluding the amount the Defendants agreed to pay directly to the subcontractors of the instant construction work, among the construction cost of the instant case.

B. On March 11, 2013, the Plaintiff Samdong System concluded a subcontract with the Plaintiff Sam-do Comprehensive Construction and the instant construction, and entered into a contract with the Defendant for the same content.

In addition, the Plaintiff Sam-ro system concluded a contract with Defendant A for the installation of air conditioners among the instant construction works and completed the construction works.

Plaintiff

The three-way system and the Defendants agreed to settle the said construction cost in KRW 550,000,000.

Therefore, the Defendants are obligated to pay KRW 550,000,000 and damages for delay to the Plaintiff Samro system.

C. On August 1, 2013, Plaintiff Daedong Chang-ho’s assertion that Plaintiff Daedong Chang-ho had entered into a subcontract with the Plaintiff Dae-ho Comprehensive Construction and the construction work of the instant construction, including windows and metals, to KRW 300,000,000.

The Defendants agreed to pay the subcontract price directly by the Defendants for the Plaintiff Modern Construction and the instant construction work.

Therefore, the Defendants are obliged to pay the Plaintiff Daedong-ho and 300,000,000 won and damages for delay.

Plaintiff

The Plaintiff SPC’s assertion on August 1, 2013 pertaining to the Plaintiff SPC’s comprehensive construction with wheels and the instant construction.

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