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(영문) 광주지방법원 2017.09.13 2015가단55248
공사대금
Text

1. The Defendants (Counterclaim Plaintiffs) are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for the amount of KRW 43,305,516 and the aforementioned amount on January 5, 2016.

Reasons

1. Basic facts

A. On January 26, 2012, the Plaintiff was awarded a contract with the Defendants for the construction period of the following new house construction works from February 8, 2012 to November 30, 2012, and the construction cost of KRW 210,000,000 (hereinafter “instant construction works”).

Personnel expenses shall be additionally borne by the owner of the building for additional materials required for additional works not included in the 3th regular self-government / assembly specifications of the underground parking lot of the 32th underground parking lot of the 32th underground structure.

The change in part of the additional material not required shall be the responsibility of the contractor in consultation with the project owner.

B. The Plaintiff performed the additional construction work at the request of the Defendants.

C. On March 28, 2013, registration of ownership preservation was made on the instant building. D.

On April 26, 2013, the Defendants sent to the Plaintiff a content-certified mail stating that “The instant construction contract shall be terminated as the Plaintiff responded, although the Defendants requested the completion of the instant construction work.”

E. On May 1, 2013, the Plaintiff sent a content-certified mail stating that the Defendants shall pay the remainder of KRW 47,202,00,00,000, which remains after deducting the amount payable from the total of KRW 49,980,00,000, out of the balance of the instant construction cost and the amount payable for the additional construction cost.

F. The Defendants paid KRW 195,00,000 to the Plaintiff with the instant construction and additional construction costs.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 39, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion was not paid KRW 20,000,000 among the construction cost of the instant case 210,000,000, and the Plaintiff did not receive KRW 29,980,000 among the construction cost of the instant additional construction cost of KRW 34,980,00,000. The Plaintiff’s assertion was a person who has not received KRW 29,980,00 among the construction cost of the instant additional construction cost of the instant case.

Therefore, the Defendants are jointly and severally liable to the Plaintiff from the total of KRW 49,980,000,000,000,000.

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