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(영문) 광주지방법원 2017.10.19 2016가단10846

공사대금등

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 73,852,200 and the interest rate thereon from March 12, 2016 to the date of full payment.

Reasons

1. Determination on the cause of the claim

A. Fact 1) The Plaintiff was awarded a subcontract for each of the following items: (a) on December 28, 2015, the Defendants had completed the said construction; (b) on December 28, 2015, the site and foundation construction for two parcels, including value-added tax; (c) on February 15, 2016, KRW 58,30,00,00 including value-added tax; and (d) on February 15, 2016, the Plaintiff was awarded a subcontract for construction works for five parcels, including the construction works for five parcels, 39,250,300; and (c) the Plaintiff was also awarded a subcontract for construction works for the D ground fence, 24,396,900; and (d) the said C construction works were suspended with 39,250,300,000,000 won, and the Plaintiff did not receive construction price of the said D fence and received from the Defendants totaling KRW 10,205,29,3005,3000.

[Ground of recognition] The fact that there is no dispute, Gap 14-1 to 14-5, 22, 23, Eul 1, 9, and the purport of the whole pleadings

B. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the construction cost of KRW 73,852,200 and the damages for delay at the rate of 15% per annum from March 12, 2016 to the day of full payment, which is the day following the delivery of the instant payment order, to the day of full payment.

2. The Defendants asserts that the determination of the Defendants’ assertion was based on the abuse of their authority as the head of Defendant A’s headquarters, thereby making a subcontract at a higher level to the Plaintiff under their actual control. Therefore, they cannot respond to the Plaintiff’s claim.

However, since the evidence presented by the Defendants alone is insufficient to prove the above assertion, the defendants' assertion is without merit without further review.

3. According to the conclusion, each of the instant claims against the Defendants by the Plaintiff is with merit.