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(영문) 의정부지방법원고양지원 2017.10.19 2016가단14730
공사대금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 177,037,945 and as a result, from June 30, 2016 to October 19, 2017.

Reasons

1. Basic facts

A. On October 2015, the Plaintiff received supply of light weight construction and windows and metal construction works (hereinafter “instant construction works”) from the representative D of Defendant limited liability company B (hereinafter “limited liability company” in the name of the company), among the remodeling works of the Dong-gu Dong-gu Incheon District E Ground F Hotel owned by Defendant B.

B. At the time, the construction contract form for the instant construction project was not prepared, and the total construction cost was not determined, and the construction cost was agreed to pay additional 10% profits to the cost of the construction project executed by the Plaintiff.

C. From October 15, 2015, the Plaintiff was performing the instant construction from around October 15, 2015, and around May 20, 2016, the Plaintiff suspended construction upon the Defendants’ notification to the Defendants.

The parties to the instant construction project attempted to settle the construction cost by calculating the Plaintiff’s flag altitude up to May 20, 2016, which the Plaintiff suspended construction. However, each party failed to reach an agreement with the wind to submit three separate statement of settlement, which is different from the Plaintiff’s flag altitude, as follows:

In other words, on May 30, 2016, Defendant C sent to the Plaintiff a statement of settlement that the Plaintiff’s sexual height was KRW 378 million (Evidence 3). On June 14, 2016, the Plaintiff sent to Defendant C a statement of settlement that the Plaintiff’s sexual height was KRW 4367 million (Evidence 4). On July 1, 2016, Defendant B submitted a statement of settlement that the Plaintiff’s sexual height was KRW 272,758,295 (Evidence 1).

[Ground of recognition] Facts without dispute, Gap evidence 3, 4, Eul evidence 1, witness G, part of Eul's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendants are jointly and severally liable to pay to the plaintiff KRW 191,337,945, which deducts KRW 305,745,40 from KRW 497,083,345.

As to this, the Defendants did not relate to the instant construction project, and Defendant C submitted KRW 272,758,295 (Evidence No. 1) or the Plaintiff.

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