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(영문) 서울중앙지방법원 2019.06.26 2017가합585095
공사대금
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The facts based on the following facts may be acknowledged by taking into account the overall purport of the pleadings in each entry in the evidence Nos. 1 to 5 (including a branch number; hereinafter the same shall apply) that does not conflict between the parties, or that there is a separate number.

On April 1, 2016, the Defendant concluded a construction contract with D Co., Ltd. (hereinafter referred to as “D”) for the construction work of the Seodaemun-gu Seoul Metropolitan Government D D D D D D D (hereinafter referred to as “D”) to set the construction cost of KRW 2,063,60,000 (including value-added tax) and the construction period from April 1, 2016 to March 31, 2017.

On February 8, 2017, Defendant and D changed the construction period from April 1, 2016 to July 31, 2017, with the partial revision of the terms and conditions of the construction contract for the said construction works, to KRW 2,500,000 (including value-added tax).

D B B Before completion of the instant construction work, the Defendant paid D the construction cost of KRW 1,872,460,000 as the construction cost of the instant construction work until May 8, 2017.

The Defendant contracted the remaining construction work to F Co., Ltd. (hereinafter “F”) in order to complete the instant construction work, and F accordingly was paid the construction cost by the Defendant upon completion of the completed part of the instant construction work.

On December 2, 2016, Plaintiff A asserted that the primary claim was made by the Defendant for the construction work of stone in the instant construction work, and then the construction work was awarded a contract with the Defendant for additional construction work equivalent to KRW 14,800,000.

Accordingly, Plaintiff A completed the instant construction work including the additional construction work by the agreed completion date, and only the Defendant paid KRW 80,000,000 for the construction cost.

Plaintiff

B On February 20, 2017, the Defendant was awarded a contract for the construction cost of KRW 165,000,000 among the instant construction works.

Accordingly, Plaintiff B completed 90% of the construction of metal windows during the instant construction until the date of completion of the agreement.

Therefore, the defendant shall pay the construction cost to the plaintiff A 114,800.

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