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(영문) 청주지방법원 2015.05.14 2013가합4125
공사대금
Text

1. The Defendants: KRW 34,930,09 for each Plaintiff and KRW 6% per annum from December 25, 2013 to May 14, 2015.

Reasons

1. Facts of recognition;

A. On December 15, 2012, the Plaintiff was awarded a subcontract for the construction cost of KRW 400,000 for machinery, equipment, fire-fighting, and urban gas facilities (hereinafter “instant construction works”) among the construction works ordered by the Defendant Jongsung Comprehensive Construction Co., Ltd. (hereinafter “Defendant Jongsung Comprehensive Construction”) (hereinafter “instant construction works”), among the construction works for the construction of the present inland stone tin apartment (hereinafter “the instant construction works”) from Defendant Jongsung Comprehensive Construction Co., Ltd., Ltd. (hereinafter “Defendant Jong Sung Construction”), with the construction cost of KRW 400,000 (hereinafter “instant construction contract”). The instant construction contract stated the construction cost of KRW 480,000,000, while the actual agreed construction cost of KRW 400,000,000 was stated in the instant construction contract, there is no dispute between the Plaintiff and the Defendant Hosung Comprehensive Construction”); and the Defendant Jeon Jong-il guaranteed the obligation to the Plaintiff in the instant construction works for the Plaintiff on the same day.

B. The instant construction project discontinued around June 28, 2013, where B filed an application for temporary injunction against the construction of the said inland fluorh apartment with respect to the construction of the said inland fluorial apartment against Defendant Ytin.

C. On June 28, 2013, Defendant Long-term Construction paid to the Plaintiff KRW 70,000,000 as part of the instant construction cost.

On December 24, 2013, when the instant case was pending, the Plaintiff transferred KRW 100,000,000 out of the construction payment claim to the Intervenor A (hereinafter “Supplementary Intervenor”) who is the representative of C Construction, and the said assignment of claim became final and conclusive construction on December 12, 2013, and thereafter, the Defendant Funeral Comprehensive Construction paid KRW 20,000,000 to the Plaintiff out of the construction payment amount.

E. Around June 28, 2013, the rate of the height of the instant construction is 5.84%.

[Ground of recognition] Unsatisfy, Gap evidence 2 and 3, Gap evidence 4-1, Gap evidence 8, 12, and 13, appraiser D's identity and appraisal result, the purport of the whole pleadings

2. Determination

(a) judgment on the cause of the claim is subject to a construction contract;

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