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(영문) 대구지방법원 2018.09.14 2016가단38129
공사대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 72,60,000 and 5% per annum from July 20, 2016 to August 23, 2018.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Defendants are those who were trying to set up and operate an indoor golf range on the five floors of the building in Daegu-dong-gu D ground, Daegu-gu, and the Plaintiff as a construction business operator around June 2016, with the Defendants and the interior golf range construction contract (hereinafter “instant construction contract or construction contract”).

(2) The Plaintiff completed most of the instant construction works by performing the instant construction works from June 22, 2016 to July 19, 2016.

3) However, on July 19, 2016, when the Defendants demanded the suspension of construction work, the Plaintiff failed to perform the distribution team distribution work, which is the completion of electrical construction not particularly costs, and the Defendants failed to perform the automatic installation work required for the construction cost of KRW 800,000, out of metal works. 4) Accordingly, the Defendants’ obligation for the instant construction work is a partnership obligation and a commercial liability. Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the construction cost of KRW 72,60,000 (i.e., the construction cost of KRW 73,40,000) and the delay damages therefrom.

B. The Defendants asserted that they engaged in the business of establishing and operating the above indoor golf practice range with E, but the above E, one of its partners, only left the instant construction contract with the Plaintiff without the consent of the Defendants, and the Defendants did not conclude the instant construction contract with the Plaintiff. The Plaintiff merely engaged in the construction of the interior walls with the Plaintiff, and the construction cost is merely KRW 10,00,000.

2. According to each of the witness F, E’s testimony, and evidence Nos. 1 through 4, it can be acknowledged that the above E entered into the instant construction contract with the Plaintiff with the consent of the Defendants who are the partners.

In addition, according to the testimony of the above witnesses and the statements or images of Gap evidence 4 through 22, the plaintiff is excluded from automatic writing installation works belonging to metal works during the instant construction works.

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