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(영문) 부산지방법원 2020.12.02 2020나398
공사대금
Text

The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

Basic Facts

Defendant B contracted the interior construction of the building of the second floor D in Busan Jung-gu (hereinafter “instant building”), around February 14, 2019, to E in KRW 56,900,000.

The Plaintiff was awarded a subcontract for the foregoing interior work from E

(hereinafter “instant subcontract”). Defendant C is the husband of Defendant B.

[Ground of recognition] The plaintiff's assertion as to the ground for claim of the whole pleadings and the statements in Gap's evidence Nos. 2, Eul evidence Nos. 1 and 5, and the ground for claim of the whole pleadings was subcontracted out by E for the construction of the interior of the building of this case, and completed on April 12, 2019.

The Defendants delayed the construction of the instant building, and ordered the Plaintiff to perform a waterproofing construction of KRW 5,00,000 of the inner breadth, mining and brick structure construction, and three pages of outer walls (hereinafter “first additional construction”). On April 17, 2019, the Plaintiff completed the first additional construction. The Defendants contracted the Plaintiff for KRW 8,600,000 to the removal of the rooftop floor and waterproofing construction, indoor aesthetic construction, door mold and door painting of the instant building (hereinafter “the second additional construction”).

On April 22, 2019, the Plaintiff completed the second additional construction work.

At the time of the first and second additional works, the Defendants agreed to pay the Plaintiff KRW 8,000,000 for the instant subcontract price to the Plaintiff.

Therefore, the Defendants, as a contractor of the instant additional construction work, are jointly and severally liable to pay to the Plaintiff the amount of KRW 15,600,000 (i.e., the amount of KRW 8,000,000 for the first additional construction work in the instant case - KRW 8,600,000 for the second additional construction work - the amount of KRW 6,000 for the fixed payment - the amount of KRW 6,000 for the delayed payment) and damages for delay.

Judgment

The defendants stated Gap Nos. 7 and 8 (including branch numbers) with respect to KRW 8,00,000 of the subcontract price in this case, shall not be in itself, but in relation to the plaintiff in this case.

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