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(영문) 광주지방법원 2018.01.17 2017나2997
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On October 26, 2015, the Plaintiff entered into a construction contract for the interior repair of a single-story building located in Ycheon-si D (the construction price: KRW 24 million; hereinafter “instant construction contract”) with the Defendants, and started construction around that time.

B. The Defendants concluded the instant construction contract in order to operate a restaurant in the said building. Even if the instant construction was completed, the Plaintiff and the said construction were to be suspended on December 4, 2015, and accordingly, the said construction contract was terminated.

C. After that, the Defendants decided to remove the parts of the Plaintiff’s construction and construct new buildings on the ground of the said net city D, and completed the construction work around February 5, 2016, starting with another construction business operator on December 30, 2015 through another construction business operator.

The Defendants paid a total of KRW 20 million to the Plaintiff according to the instant construction contract.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 7 (including branch numbers in case of additional number), Eul evidence 1, witness E's testimony, the purport of the whole pleadings

2. While the Plaintiff’s assertion was underway the instant construction, 1.55 million won was added at the request of the Defendants. Accordingly, the total construction cost was KRW 2,555 million (=the first construction cost of KRW 24 million).

In addition, at the time of the discontinuance of the instant construction work, the Plaintiff completed all the remaining construction works except for the construction works equivalent to KRW 1790,000.

However, the Defendants did not pay the remainder of the construction cost, excluding KRW 20 million, to the Plaintiff. Therefore, the Defendants are obliged to pay the total construction cost of KRW 3,760,000 (=total construction cost of KRW 2,555,00,000 - total construction cost of KRW 1,799,000,000) and damages for delay as stated in the purport of the claim.

3. Determination

A. The plaintiff is requested by the defendants.

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