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(영문) 의정부지방법원 2019.03.20 2017가단26775
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35,487,133 as well as 5% per annum from June 1, 2016 to March 20, 2019.

Reasons

1. Facts of recognition;

A. On September 7, 2015, D contracted by the Defendants for construction of two detached houses on the land of Socheon-si, E, and continued construction on that ground, and suspended construction around January 2016.

B. Around February 15, 2016, the Defendants received a written waiver of the said construction from D, and again concluded a contract with the Plaintiff to conclude a contract on KRW 76,280,00 with respect to the remaining construction (hereinafter “instant construction”) of the said new construction (hereinafter “instant contract”).

C. On May 27, 2016, while the Plaintiff continued the instant construction, the Plaintiff did not complete rooftop waterproof and painting construction work equivalent to KRW 8,792,867, as stated in the attached Table and the attached Table, and suspended the instant construction work.

On March 23, 2016, the Defendants paid KRW 30 million to the Plaintiff as the construction cost.

【Ground for recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 8, 9 (including paper numbers; hereinafter the same shall apply), Eul No. 3-1, and the result of the appraiser’s appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff is jointly and severally liable to pay the Plaintiff KRW 71,916,197 (i.e., KRW 76,280,00 - KRW 30,792,867 for the additional construction cost - KRW 10,792,867 for the amount of KRW 8,792,867 for the remainder of the rooftop waterproof Construction Work. At the time of completion of the aforementioned construction work, the Plaintiff’s assertion that the Defendants had the obligation to pay the Plaintiff KRW 30,000 for the additional construction cost of KRW 76,280,00 for the amount of KRW 30,00 for the instant construction cost of KRW 76,792,867 for the non-construction cost of KRW 6,429,064) and damages for delay on or around March 2016.

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