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(영문) 수원지방법원안산지원 2015.07.20 2013가단25293
공사대금
Text

1. The Defendants shall jointly and severally serve as KRW 13,133,500 on the Plaintiff and as a result, from March 1, 2013 to July 20, 2015.

Reasons

1. Basic facts

A. Defendant D, with Defendant B’s owner, was the five-story building in Chungcheong City F, Defendant E as the owner, and Defendant C as the owner, and Defendant C as the owner, carried out the construction of the five-story building in H.

(hereinafter referred to as the “instant building”). B

On October 8, 2012, Defendant D entered into a construction contract for stone construction among the instant new construction works (hereinafter “instant construction contract”) with the Plaintiff, and agreed to jointly and severally pay the construction amount of KRW 72,00,000 by setting the total construction amount as KRW 72,00,000, and the remainder of construction payment excluding the down payment 10% was to be paid on the 15th day after the completion of the construction.

C. After the conclusion of the instant construction contract, the Plaintiff continued the instant construction project. To provide the instant building to nearby university students for residential purposes, the construction was completed upon the request of the Defendants who completed the construction before the beginning of the new semester, and the construction was completed on February 13, 2013. The construction completion of the instant building was completed on February 13, 2013.

The Defendants paid the Plaintiff construction cost of KRW 45,000,000 in total with respect to the instant construction work.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number if there is a number), witness I's testimony, the result of the court's entrustment of appraisal of defects to the appraiser J, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above basic facts, the defendants paid only KRW 45,00,000 out of KRW 72,000,000 to the plaintiff, and did not pay the remainder of KRW 27,000,000 to the plaintiff, barring special circumstances, the defendants are jointly and severally liable for the payment of KRW 27,00,000 to the plaintiff.

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