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(영문) 대전지방법원 2017.07.13 2016가단7408
공사대금
Text

1. Defendant B shall be KRW 176,00,000, and Defendant C and D shall be jointly and severally and severally with Defendant B, KRW 115,00,000 out of the said money.

Reasons

In light of the purport of the entire argument in Gap evidence Nos. 1 and 2 (including partial heading numbers), among the new E-construction projects, as to the cause of the claim, the plaintiff was awarded from the defendant Eul around November 30, 2014 with a contract with the construction cost of KRW 443 million and the construction period of KRW 30 million from November 30, 2014 to September 30, 2015, and the plaintiff was paid KRW 382 million from the defendant Eul to the construction cost of this case. Thus, the plaintiff is obligated to pay the remaining construction cost of KRW 61 million to the plaintiff (i.e., KRW 443 billion, KRW 300,000 and KRW 830,000).

Considering the reasoning of each argument in Gap's evidence Nos. 3, 4, and 6 (including partial number of evidence) among G-built Construction Works, the plaintiff, a merchant, provided a seal to the Defendants' new construction site from March 30, 2015 to December 2015, the plaintiff and the Defendants calculated the wages of the persons provided to the Plaintiff at the said construction site and adjusted the construction cost of KRW 215 million in total by calculating the wages of the persons provided to the said construction site from December 2015, the plaintiff and the Defendants, as the Defendants, Eul, the contractor, and the construction cost of KRW 210 million from March 30, 2015 to December 2015, 200 to KRW 250,000,000 from March 30, 2015 to KRW 15,500,000,0000,000,0000,000,000.

Therefore, the Defendants are joint contractors of the instant 2 construction project, barring special circumstances, and are jointly and severally liable to the Plaintiff pursuant to Article 57(1) of the Commercial Act for the remaining construction cost of KRW 115 million.

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