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(영문) 서울북부지방법원 2015.08.19 2014가합20497
공사대금
Text

1. From March 18, 2014 to August 19, 2015, Defendant D’s KRW 119,937,360 to the Plaintiff, and the following:

Reasons

1. Basic facts

A. The Plaintiff is a company running a construction business, etc., and Defendant B is an owner of 189 square meters in Seoul, Jung-gu E, Seoul, and is the owner of the new construction of multi-household housing (hereinafter “instant building”) on the ground (hereinafter “instant construction”).

Defendant C decided to newly construct and sell the instant building with Defendant B as a partnership business and promoted the instant construction with Defendant B’s delegation, and Defendant D is a person who has overall control over the design, supervision, construction, etc. of the said construction.

B. The instant construction project was originally contracted to F Co., Ltd. (hereinafter “F”) for KRW 45,5290,000 for the construction of a 4-story multi-household housing by Defendant B and C. However, around November 2012, the fact that the instant building was invaded by the construction boundary line was pointed out by the competent Gu office, and the design of the instant building was changed to a 3-story multi-household housing, and the size was reduced (the total floor area is 37.36 square meters from 378.43 square meters to 37.36 square meters), and F suspended the said construction in a conspicuous part among the structural parts of the relevant structural construction.

C. On February 25, 2013, the Plaintiff received a subcontract for interior construction works among the new construction works of the building located in Seocheon-gu G in Seocheon-gu G from Defendant D (hereinafter “Tcheon-gu G”) at KRW 115 million, and received a request to complete the instant construction works suspended as above, the Plaintiff performed the instant remaining construction works, such as site rearrangement, remaining structural construction, inside and outside parts, and escape construction, from March 2013.

On April 9, 2013, Defendant D submitted to the competent Gu office a written report changing the contractor of the instant construction to the Plaintiff on April 1, 2013 of the contract date, from April 1, 2013 to April 15, 2013 of the construction period, from April 1, 2013 to April 15, 2013.

After that, the instant construction was completed in entirety, excluding parts of flooring construction, but the Plaintiff was paid from Defendant C and Defendant D from April 9, 2013 to July 18, 2013, except KRW 48 million.

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