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Reasons
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(영문) 대전지방법원서산지원 2016.07.13 2015가단1842
공사대금
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1. The Defendants are jointly and severally liable to the Plaintiff for 65,00,000 won and 5% per annum from March 29, 2016 to July 13, 2016.

Reasons

1. Basic facts

A. On May 22, 2010, the Plaintiff: (a) concluded a contract with H, who operates the business of “D” as a partner; (b) concluded a contract with the Defendants for the Ka P, and transferred the construction price to H, by fixing the construction cost of KRW 27 million for the ground Ka P, and three parcels of land (excluding value added tax); and (c) from May 26, 2010 to July 20, 2010, the construction period of which was from May 26, 2010; and (d) transferred the construction cost to H, upon accepting and operating Ka P, the Plaintiff paid the Defendants KRW 10 million for the construction cost of Ka P, May 22, 2010, KRW 2000,000,000,000,000,000 won for the Ka P, and KRW 4 million for the construction cost of Ka P, 200,000,005.

3) A new public corporation that received a contract from the Plaintiff for construction of a new carpet building (hereinafter “new public corporation”).

(2) Around July 14, 2010, the suspension of construction was interrupted by the time of the suspension of construction work.(2) On July 28, 2010, the Plaintiff awarded a contract with the Defendants for the construction of an office on the Kagjin-gun and one parcel, and paid KRW 50 million on July 28, 2010 and KRW 10 million on July 29, 2010.

2) On July 28, 2010, the Defendants drafted an explanatory note with the following contents on the Plaintiff. The Defendants received KRW 50,000,000 as the contract deposit for civil works and construction works of the said goods other than Jin-gun F, and then did not carry out construction works of the office. The Defendants did not carry out construction works of the office.

4) Accordingly, the Plaintiff terminated the construction contract for the office building, and expressed its intention to terminate the contract by serving a duplicate of the complaint of this case on the part of the Plaintiff. [The purport of each of the entries in Gap's Evidence Nos. 1, 2, 4, and 5, and all of the arguments is

2. Determination

A. First of all, determination on the cause of the claim is based on the Plaintiff’s total of KRW 40 million on May 22, 2010, KRW 10 million to the Defendants, KRW 20 million on May 24, 2010, and KRW 40 million on June 24, 2010.

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