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(영문) 서울남부지방법원 2019.07.18 2016가합3646
공사대금
Text

1. The Defendants are jointly and severally and severally liable for 30,826,560 won to the Plaintiff and 5% per annum from January 11, 2014 to July 18, 2019.

Reasons

1. Facts of recognition;

A. On December 3, 2013, the Plaintiff concluded a construction contract with the Defendants to set the construction period as six months from the commencement date of construction of multi-household housing of five and sixteen households on the ground of the N in Yangcheon-gu Seoul, Seoul. (hereinafter “instant construction contract”).

The contract price of the contract is public column, and the supply price is “820,000,000 won for net construction cost.” The plaintiff and the defendants are special terms, and the defendants pay 25,000,000 won for each person (which increased to KRW 28,00,000 for each person) to the plaintiff, one household of a house shall be acquired, and the plaintiff agreed to substitute the above contribution and the ownership of the remaining four households for the construction cost.

B. Before the commencement of the instant construction project, the Plaintiff prepared and delivered to the Defendants a letter of waiver of construction (hereinafter “instant letter”).

The main contents thereof are as follows:

When the construction of this case is delayed at least 30% or is suspended for at least 15 consecutive days, each letter of waiver of this construction will take effect at the discretion of the Defendants, the owner of this case.

Until a written waiver of construction becomes effective, 80% of the construction cost invested by the plaintiff shall be paid within one month after the completion of the construction.

C. On December 28, 2012, the Plaintiff commenced the instant construction work.

Until six months have passed, the construction was not completed, and around July 2013, O, the actual operator of the plaintiff, was detained due to the suspicion of fraud, and the progress of the construction was interrupted.

From August 5, 2013, the Defendants continued to work with the director of the Plaintiff’s site and the director of the Plaintiff’s site from around August 5, 2013, but failed to do so, sent to the Plaintiff a document that contains an expression of intent to terminate the instant construction contract, based on the instant letter, and thereafter the said document reached the Plaintiff.

The Defendants concluded a remaining construction contract with another contractor, and completed the construction work on December 11, 2013.

[Ground of recognition] A.

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