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(영문) 인천지방법원 2015.09.02 2014가합57897
공사대금
Text

1. The Defendant shall pay to the Plaintiff A KRW 143,00,000, KRW 30,200,000 to the Plaintiff, and KRW 24,50,000 to the Plaintiff C and each of the above amounts.

Reasons

1. Facts of recognition;

A. On April 3, 2012, the Defendant was awarded a contract with D for a construction project that newly constructs “F apartment house” on the land (hereinafter “instant construction project”) on the land, including Asan City, E, etc., by setting the construction cost of KRW 890,00,000 and the construction period from April 3, 2012 to August 2012.

B. The Defendant subcontracted part of the instant construction work contracted by D to the Plaintiffs as follows:

(1) On October 4, 201, the Defendant awarded a subcontract to the Plaintiff on October 1, 201 (hereinafter “each of the instant subcontracting”). On October 4, 201, the Defendant: (a) set the construction cost of the structural frame (excluding steel bars, excluding string materials, miscellaneous materials, and miscellaneous materials; (b) KRW 373,40,00; and (c) October 15, 201 through November 30, 201; and (b) on May 10, 2012, the Defendant subcontracted the construction cost of the instant construction to the Plaintiff at KRW 67,500,00,00.

3) On May 20, 2012, the Defendant awarded a subcontract to Plaintiff C with the construction cost of KRW 53,900,000 among the instant construction works, as well as the construction period from May 20, 2012 to August 30, 2012. (c) The Plaintiffs completed all construction works under each of the instant subcontract around July 12, 2013. [Grounds for Recognition] The Plaintiffs did not dispute, evidence Nos. 1 through 3, and evidence No. 1 (including serial numbers, if any), and the purport of the entire pleadings as a whole.

2. According to the facts of the judgment on the cause of the claim, the defendant, barring any special circumstances, excludes ① the remainder of KRW 143,00,000,000, excluding KRW 230,400,000,000, which was paid by the above plaintiff to the plaintiff A, and ② the remainder of KRW 37,30,000,000, excluding the remainder of KRW 37,300,000, which was paid by the above plaintiff to the plaintiff Eul, out of KRW 67,50,00, and ③ the above subcontract price of KRW 53,90,00,00, which was paid by the above plaintiff to the plaintiff C.

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