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(영문) 수원지방법원안산지원 2016.10.13 2015가합23564
공사대금
Text

1. The Defendants jointly and severally against the Plaintiff A, KRW 8,546,66, and KRW 62,150,000 for each of them.

Reasons

1. Summary of the parties' assertion

A. The gist of the Plaintiffs’ assertion 1) F, the Defendants’ put by the Defendants, on behalf of the Defendants, is as follows: (a) from March 2013 to March 1, 2013, G, H, I, and J each land owned by the Defendants (hereinafter “instant construction site”).

(2) For the purpose of developing and selling by installments, the Plaintiff A awarded a contract for civil engineering works to the Plaintiffs via K. 2) with the monthly payment of KRW 8,800,000 (including value-added tax) and the Plaintiff A paid KRW 162,20,000 from May 14, 2013 to November 26, 2014 by using its digging machines (L) and with the instant construction site for the period from May 13, 2013 to November 13, 2014. The claim for the construction cost during the said period is KRW 162,20,000 (=8,800,000) x 18 months x 8,800,000 x 13/30, and thus, the Defendants paid the remainder of the construction cost and the damages for delay from the date of the instant complaint.

3) Plaintiff B received KRW 16,50,000 per month (including value-added tax) and performed excavation construction at the construction site of this case for six months from March 13, 2013 through September 13, 2013 by using his/her excavating machine (M). During the above period, Plaintiff B paid KRW 99,50,000 (= KRW 16,500,000 x 6 months) and paid KRW 3,00,000 from the Defendants the sum of the above construction cost and usage fee of KRW 102,00,00,000 from the date following the delivery of a copy of the complaint to the above construction site of this case owned by the Defendants, Plaintiff C shall be paid KRW 27,00,000,000 from the date of the delivery of the copy of the construction cost of this case, and the remainder of the construction cost of the retaining wall of this case; and thus, Plaintiff C shall be paid KRW 7,000,000.

B. The summary of the Defendants’ assertion is that F contracted construction on behalf of the Defendants to K, and K paid the construction cost on behalf of the Defendants.

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