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(영문) 전주지방법원군산지원 2019.11.08 2018가단56631
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 20, 2015, Defendant B church (hereinafter “Defendant church”) entered into a construction contract with D Co., Ltd. (hereinafter “Nonindicted Company”) and the Plaintiff for the new construction of the Defendant church’s company housing at Kim Jong-si (hereinafter “instant construction”) to the Plaintiff for KRW 153,80,000 of the construction cost (hereinafter “instant contract”). Defendant C guaranteed the Defendant church’s obligations under the instant contract.

B. On June 20, 2015, the non-party company and the Plaintiff commenced the instant construction from around June 20, 2015. Around August 2015, the non-party company suspended the construction, and the Plaintiff also suspended the construction around September 2015.

After that, the defendant church completed the construction of this case in the color of the public corporation directly.

C. As between June 20, 2015 and August 23, 2015, the Defendant church paid to the Plaintiff the total amount of KRW 124,00,000,000.

2. The plaintiff's assertion that most of the construction works of this case were completed, and the part which did not work does not work is not work due to the responsibility of the defendant church, such as preventing the defendant church from work despite the plaintiff's attempt to do so, and the construction work amount corresponding to the portion which was not completed due to the plaintiff's responsibility is merely 21,050,000 won.

Therefore, the unpaid construction cost out of the instant construction cost is KRW 8,750,00 (=the contract amount of KRW 153,800,000 - the paid construction cost of KRW 124,00,000) - the Plaintiff’s calculation of the unpaid construction cost of KRW 21,050,000). With respect to the purpose of the claim and the calculation of the unpaid construction cost from September 20, 2019, the Plaintiff submitted by the Defendants based on the “the Plaintiff’s statement of non-construction details and the cost spent for non-construction portion” (Evidence 4). Of the amount stated in the said statement, KRW 13,845,00, out of the amount indicated in the said statement, the Defendant church refused to receive the payment of the construction cost of KRW 21,05,00 in spite of the Plaintiff’s attempt to do the construction work, or

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