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(영문) 부산지방법원 2018.07.05 2017가단322141
공사대금
Text

1. The defendant,

A. 6,585,00 won to Plaintiff A, 6,327,273 won to Plaintiff B, and 1,200 won to Plaintiff E.

Reasons

1. Basic facts

(1) On June 11, 2016, the Defendant issued a contract to G Co., Ltd. (hereinafter “G”) for the construction of a neighborhood living facility (hereinafter “instant new construction”) with the size of seven stories above the land (hereinafter “instant building”) outside Busan-gu, Busan-gu, and the construction cost of KRW 913,00,000, and the construction period from June 20, 2016 to December 20, 2016.

D. G: (1) Among the instant new construction works, Plaintiff A Co., Ltd. (hereinafter referred to as “Plaintiff A”) awarded a subcontract for the construction cost of KRW 63,80,00 (including value-added tax), additional construction cost of KRW 935,00,00, and construction period from October 17, 2016 to November 30, 2016; (2) Plaintiff B paid a subcontract for the construction cost of KRW 94,60,000 (including value-added tax), from September 22, 2016 to November 30, 2016; and (3) from September 23, 2016 to November 30, 2016, the construction period of KRW 70,000 (including value-added tax); and (4) from September 23, 2016 to November 30, 2016 to Plaintiff C Co. (hereinafter “Plaintiff”)’s construction period of KRW 30,704,701.7

Secondly, around November 2, 2016, G renounced the new construction work of this case and settled the construction cost of the previous construction work of this case between the Defendant and the Defendant at KRW 731,68,039.

x. The Defendant paid the subcontract price directly to the Plaintiff A, B, C, and E, the subcontractor of the instant new construction project, as follows:

① Plaintiff A: 58,150,00 won in total from October 19, 2016 to January 26, 2017. ② Plaintiff B: 8,272,727 won in total from October 7, 2016 to January 26, 2017. ③ Plaintiff C: 32,740,000 won in total from September 12, 2016 to November 30, 2016. Plaintiff E: 36,20,000 won in total from September 11, 2016 to January 26, 2017.

x. G. G.

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