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(영문) 의정부지방법원고양지원 2019.06.13 2018가단91021

공사대금

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 41,300,000 and the interest rate thereon from November 1, 2018 to the date of full payment.

Reasons

1. Basic facts

A. Defendant C awarded a contract with D Co., Ltd. for Kimpo E E (hereinafter “E”) and for the Ftelimine Corporation in Ansan-si (hereinafter “F”) and subcontracted the interior work to Defendant B among them.

B. On April 3, 2018, the Plaintiff and Defendant B entered into a contract with each Plaintiff on May 9, 2018 with respect to the construction work of the installation work of the residual water network related to the golf driving range in G during the foregoing E E construction work, and on May 9, 2018, on the part of the construction work of the installation work of the residual water network related to the golf driving range

(F) The construction of the instant construction project by aggregating the two remaining DNA network works (hereinafter referred to as the “instant construction”).

The Plaintiff completed all of the instant construction works, but was paid KRW 50,000,000 among the total construction cost of KRW 91,300,000, and did not receive the remainder of KRW 41,30,000.

[Ground for Recognition] Defendant B: Evidence Nos. 1 through 4, and evidence Nos. 1 through 4, and the purport of the whole pleadings under Article 150 of the Civil Procedure Act

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 41,300,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 1, 2018 to the date of full payment following the delivery of a copy of the complaint of this case.

3. The Plaintiff asserts that, in the part of the claim against Defendant C, the director of Defendant C recommended the Plaintiff to work, and that the instant construction work was concluded with Defendant C with trust and concluding a contract with Defendant B, Defendant C also has the obligation to pay the remainder of the instant construction work jointly and severally with Defendant B.

However, there is no evidence to acknowledge the Plaintiff’s assertion that the evidence No. 3 alone is insufficient to acknowledge the Plaintiff’s assertion, and otherwise, Defendant C is liable for the payment of the construction cost of this case.

(The parties to the instant construction contract are only the Plaintiff and Defendant B). Therefore, the Plaintiff’s Defendant C.