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(영문) 창원지방법원 2020.07.17 2019나61462
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

Reasons

1. Basic facts are: (a) the Defendants intended to newly construct a prefabricated panel structure and roof housing (hereinafter referred to as “instant housing”) on the ground of 99 square meters prior to Doo-si, Doo-si; (b) the Plaintiff removed a building located on the said land and completed the construction of the instant housing (hereinafter “instant construction”) on September 10, 2016, and completed the construction of the instant housing (hereinafter “instant construction”) on or around September 10, 2016, either there is no dispute between the parties, or may be recognized by the purport of the entire testimony and arguments by the witness E of the first instance court, witness E of the first instance court, and F.

2. The parties' assertion

A. On July 2016, the Plaintiff entered into a contract with the Defendants for construction works in relation to the instant construction works, and subsequently set the construction cost of KRW 52,200,00 (i.e., removal cost of KRW 33,400,000, KRW 333,000,000, KRW 500, KRW 9,500,000, KRW 250,000, KRW 250,000, KRW 3,80,000, KRW 3,80,000, for installation of septic tanks installed outside the external tennis.

Although the Plaintiff completed the instant construction work, the Defendants paid only KRW 27,400,000 out of the said construction cost of KRW 52,200,000, and the Defendants are obligated to pay the remainder of the construction cost of KRW 24,800,000 to the Plaintiff and delay damages therefrom.

B. Defendants 1) concluded a contract for construction work of this case with E, not the Plaintiff, and the Plaintiff is a father employed by E or a person who entered into a subcontract with E. (2) The first construction work of this case was determined as KRW 37,900,000 [= removal cost = KRW 34,500,000 for house construction cost of KRW 34,50,000 for house construction cost of KRW 34,40,000 for KRW 34,50,000 for house construction cost of this case + KRW 15%) on the basis of the size of 15th floor. However, after completion, the area of the first floor of this case measured after completion was limited to 10 square meters.

Accordingly, the Defendants and E paid the total construction cost, including the installation of concrete retaining walls and septic tanks in front of September 2016, when housing is fixed and in front of September 2016. 27,400.

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