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(영문) 의정부지방법원 2020.02.06 2019나206057
공사대금
Text

1. Of the judgment of the court of first instance, the part against Plaintiff B, which orders payment below, shall be revoked.

Reasons

1. The reasons for this Court concerning this part of the basic facts are as stated in the corresponding part of the judgment of the court of first instance 3 through 5 '1. Basic facts'. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion;

A. Plaintiff A’s primary assertion and other Plaintiffs’ assertion 1) The Defendant directly operated the instant construction work with Plaintiff A, but agreed to employ Plaintiff A, who has expertise and experience in the construction work as an agent at the construction site and to pay KRW 400,000 to the monthly salary. (2) The Plaintiff A calculated the expected construction cost of the instant building at the Defendant’s request, and notified the Defendant that the cost was KRW 400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

3) After the Defendant’s request, the construction cost of the instant construction was KRW 422,611,450 of the total construction cost, but the amount paid by the Defendant to the instant construction cost was KRW 385,002,00 as the instant construction cost was directly owned by the Defendant, and thus, the Defendant should pay all the construction cost.

Therefore, the defendant is not paid construction cost of KRW 28,479,057 [24 million in total (4 million in total x 6 months) 4,479,057 won [41,307,680 won in total (18,696,230 won in total), including supervision cost of KRW 422,611,450 in total, and modified design cost)] - The amount of the defendant's flag payment of KRW 385,002,00 in total - the above contract amount of KRW 24 million in total - the other plaintiffs' claim amount of KRW 27,826,623 in total - the other plaintiffs' claim amount of KRW 27,826,623 in total], the amount agreed upon under the letter of payment (Evidence evidence 7-2 of the evidence 7-2 of the construction cost), 17 million in outdoor container packing construction cost to the plaintiff C, 250,4315.7

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