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(영문) 서울중앙지방법원 2019.01.29 2016가단5165393
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 63,66,360 won and 6% per annum from April 10, 2017 to January 29, 2019.

Reasons

1. Requests for the return of excessive construction price;

A. Facts of recognition 1) The Defendants are joint business operators engaged in the construction interior fishery with the trade name “D” or “E.” The Plaintiff is a joint business operator engaged in the construction interior fishery. On December 9, 2015, the Plaintiff is the Plaintiff’s neighborhood living facilities and detached houses (hereinafter “instant building”).

) New construction works (hereinafter “instant construction works”)

) The contract was made (hereinafter referred to as “instant contract”).

(A) The specific terms and conditions for the payment of the construction cost of KRW 389,00,00 (Additional Tax C separately): 30 million at the time of the contract, KRW 180,000 at the first intermediate payment, KRW 180,000 at the time of the contract, and the remainder of the intermediate payment and payment are determined after consultation with the owner of the project: the owner of the project, designer, and contractor. The additional construction cost of KRW 180,00 at the time of completion of the construction shall be included in the scope of the construction: KRW 30,00 at the time of the contract, KRW 30,000 at the time of the contract, KRW 180,00 at the time of the first intermediate payment, KRW 180,000 at the time of the contract, and the remaining intermediate payment and payment period shall be determined after consultation with the owner of the project and the contractor. The extension work after completion of the construction shall be excluded. 20,000, KRW 16,0000.6,2000

On or around December 23, 2015, the construction date or the construction period, and on or around February 2, 2016, the removal of a building, and the boundary surveying on or around February 6, 2016, a civil petition for the occurrence of a building near the root of basic steel bars (the occurrence of floor cracks) around February 26, 2016 through March 4, 2016, due to civil petition for the suspension of construction work on or around February 24, 2016, on or around February 15, 2016, and on or around March 15, 2016, civil petition for the first floor distribution and other construction schedule.

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