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(영문) 광주지방법원순천지원 2019.06.05 2018가단1852
공사대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 46,390,883 as well as 6% per annum from November 1, 2017 to July 4, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs a building business under the trade name of “D”.

B. On July 25, 2017, the Plaintiff received a contract with Defendant B for the construction work of constructing new housing units E on the ground at the time of leisure from Defendant B by setting the construction cost of KRW 140 million, and at the time, Defendant C guaranteed Defendant B’s joint and several liability for the payment of the construction cost.

C. On October 10, 2017, the Plaintiff completed the said construction work.

In addition to the above construction work, the Plaintiff installed additional construction works such as fence and internal collection site at the request of the Defendants, and the additional construction cost is KRW 2.9 million.

E. By September 12, 2017, the Plaintiff received KRW 88,800,000 out of the construction price from the Defendants.

F. The instant building was constructed with a size of 4.36 square meters small compared to the design drawing. The thickness of the sandd position panel, which is the material of the main structural part of the building’s outer wall, was less simple construction than the design drawing. The instant building has defects, such as the inner tent and the mix of the floor of the mix of the inner tent and the floor of the floor of the floor, the wall interior mix of the wall, and the mix of the marry.

The construction cost to be reduced and the cost to repair the above defects are 7,709,117 won.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 4 evidence, result of appraiser's appraisal, purport of whole pleading

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff 54,100,000 won for the remainder of the construction cost (142,90,000 won-8,800,000 won) less the above repair expenses, etc., 46,390,883 won (54,100,000-7,709,117 won) and damages for delay calculated at each rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from November 1, 2017 to July 4, 2018, which is the final delivery date of the complaint of this case, to the Plaintiff after the completion date of the building of this case.

B. Determination as to the Defendants’ assertion (1) The Defendants are the instant building.

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