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(영문) 수원지방법원평택지원 2019.01.24 2018가단942
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the plaintiff's assertion

A. On February 28, 2017, the Plaintiff concluded a subcontract construction contract (hereinafter “instant construction contract”) with the Defendant C to claim for the construction period from March 1, 2017 to April 30, 2017, the contract price of 460 million won (9,200 square meters x 50,000 square meters x 50,000 square meters), and the amount of increase or decrease after the end of each month to claim for the construction amount after the settlement of the work volume at the end of each month.

B. Defendant B (hereinafter “Defendant B”) is the client of the instant construction project and the guarantor for the payment of the said construction cost.

C. From February 17, 2017 to June 20, 2017, Defendant C paid 69 million won in total as construction cost over seven occasions. D.

The Plaintiff had been paid KRW 69 million to the Plaintiff even though the Plaintiff had been performing construction works equivalent to KRW 157,550,000 for 15 households of the instant construction works. Therefore, the Defendants are jointly and severally liable to pay 8,550,000 to the Plaintiff.

2. The Defendants asserted to the effect that even though the Plaintiff failed to complete the instant construction work and the payment of the construction cost was made in full, the Plaintiff cannot recognize the claim amount based on the amount and amount voluntarily settled by the Plaintiff.

(Defendant C asserted that the evidence No. 1 was a true contract). In the context of such dispute, the Defendants are insufficient to recognize the scope of the Plaintiff’s execution and the amount of progress payment solely based on the evidence submitted by the Plaintiff.

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