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(영문) 수원지방법원 2017.08.24 2016나56325
공사대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Summary of the parties' arguments;

A. Plaintiff 1) On February 2, 2014, the Plaintiff between the Defendants, the married couple, and (i) on February 2, 2014, the Plaintiff was a house located in the H (hereinafter “instant house”) of the Sungnam-si, Sungnam-si, the Plaintiff’s son-si, the Defendants’ children, from the Defendants.

(2) On February 25, 2014, the Plaintiff’s housing (hereinafter referred to as “instant housing”) located in Sungnam-si, Sungnam-si, the Defendants owned by the Defendants, with the content that the remodeling construction works for one household in the underground floor will be executed under a contract for construction cost of KRW 6,900,000.

(3) On May 2, 2014, the Plaintiff concluded a construction contract with the content that remodeling construction works for the first floor, second floor, and second floor are to be executed under a contract for construction work cost of KRW 32,400,000, and on May 2, 2014, concluded a construction contract with the content that remodeling construction works for the first floor, second floor, and second floor are to be executed under a contract for construction cost of KRW 41,70,000, respectively, and completed the relevant construction works in accordance with each of the above construction contract. (2) Thereafter, the Plaintiff received from the Defendants each payment of KRW 35,400,000 among the construction costs under each of the above construction contracts, and did not receive the remainder of the construction cost.

3) Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 4,60,000 (= KRW 81,900,000, KRW 32,400,000, KRW 41,700,000) obtained by deducting the aforementioned total amount of KRW 36,40,000 (= KRW 1,000, KRW 35,400, KRW 35,000) from the total amount of KRW 36,40,000, and delay damages therefrom (= KRW 81,00,000 - KRW 36,40,000) under each of the above construction contracts. (b) Defendants 1 concluded each of the instant contracts on housing construction contracts between the Plaintiff and the Plaintiff, and the Plaintiff did not have agreed to pay the respective amount as claimed by the Plaintiff as construction charges, and each of them did not have agreed to pay each of the aforementioned amount as construction charges.

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