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(영문) 서울중앙지방법원 2014.08.28 2012가합78011
선급금 반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 109,080,000 won and 5% per annum from September 27, 2012 to August 28, 2014.

Reasons

1. On May 14, 2012, the Defendants jointly run the instant construction work (the first floor of the F Hospital located in Seocho-gu Seoul Metropolitan Government, the first floor of the third floor and the third floor artificial park construction) by the Plaintiff, who received a contract from the Plaintiff for construction cost of KRW 80,000,000.

(1) The Defendants commenced the instant construction work at that time, and the Plaintiff paid KRW 240,000,000 to the Defendants on May 22, 2012.

However, the instant construction contract was agreed upon around July 2012.

On November 1, 2012, the Defendants deposited the deposited amount of KRW 90,000,00 with the deposited amount of KRW 21434 at the Seoul Central District Court (Seoul Central District Court Decision 201, Nov. 1, 2012) as the Plaintiff. The Plaintiff expressed its intention of reservation that the deposited amount should be appropriated for part of the claim, and received the deposited amount.

[Reasons for Recognition] Uncontentious Facts, Gap 1-3, Eul 12, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted that the fixed rate of construction work payment for the parts executed by the Defendants is 12.85% and the fixed rate is 113,080,000 won.

However, in light of the fact that the appraiser G did not verify the construction cost required for the construction work except for the floorless construction, despite having investigated the construction site, the evidence submitted by the Defendants alone cannot determine the construction cost ratio and the construction cost for the part executed by the Defendants.

However, within the scope of the applicant, the construction cost required for the part of the construction and the construction cost required for the part of the non-construction shall be recognized and the ratio of the construction cost and the construction cost shall be determined.

The percentage of the Plaintiff as the Plaintiff is 4.65% [= construction cost of KRW 41,690,000 / 896,390,000 incurred in the construction cost of KRW 41,690,000 incurred in the construction cost of KRW 41,690,000 incurred in the construction cost of KRW 41,690,000 incurred in the construction cost of KRW 854,700 incurred in the construction cost of KRW 30,920,000 incurred in the construction cost of KRW 40,920,000 incurred in the construction cost of KRW 880,00 incurred in the construction cost of KRW 30,920.

(b) Fire-fighting systems;

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