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(영문) 춘천지방법원영월지원 2015.06.24 2015가단156
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 43,714,00 and the interest rate thereon from December 12, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in the dismantling of structures with the trade name of “D,” and Defendant C is a representative member of Defendant B Limited Partnership Company (hereinafter “Defendant B”) and a general partner.

B. On March 14, 2014, Defendant B entered into a contract with Samjin Construction Co., Ltd. (hereinafter “Tjin Construction”) to perform the construction of reinforced concrete among the construction of facilities, such as extension of the welfare center in the East Sea (hereinafter “instant construction”), with the contract amount of KRW 1,006,50,000 on March 14, 2014 and June 30, 2015 on the date of completion of construction work.

After October 23, 2014, Samjin Construction submitted a written waiver of construction to the National Armed Forces Finance Management Agency, which ordered the instant construction project, and accordingly, the construction of reinforced concrete was suspended among the instant construction works for which Defendant B was performing.

C. From August 2014 to October 201 of the same year, the Plaintiff conducted three rooftop removal works (including construction cost of KRW 27,500,000, value-added tax), toilet expansion works (including construction cost of KRW 440,000, value-added tax), welfare hall removal works (including construction cost of KRW 14,850,00, value-added tax), welfare hall removal works (including construction cost of KRW 14,850,00, value-added tax), and rooftop pipeline removal works (including construction cost of KRW 924,00, value-added tax).

hereinafter referred to as "the third rooftop removal works, etc."

(iii) [based on recognition] unsatisfy, Gap evidence 1 to 3 (if any) includes a number;

hereinafter the same shall apply.

written evidence Nos. 1, 2, and 4 through 6, and the purport of the whole pleadings

2. The plaintiff asserts that since the plaintiff was awarded a contract from the defendant B and carried out the 3th rooftop removal work at the construction site of this case, the defendants jointly and severally are liable to pay the plaintiff the total amount of 43,714,000 won.

As to this, the Defendants are construction separate from the reinforced concrete construction contracted by Defendant B, and are from Samjin Construction.

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