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(영문) 부산지방법원 2019.09.24 2018가단336840

공사대금

Text

1. The Plaintiff; Defendant C Co., Ltd. and Defendant C Co., Ltd. jointly with Defendant C Co., Ltd. and 50. of the said money.

Reasons

1. Claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

2. Claim against Defendant C

A. If the purport of the entire pleadings is added to each of the statements in Gap evidence Nos. 1 through 7 (including paper numbers) as to the cause of the claim, the plaintiff was awarded a contract with the defendant C Co., Ltd. (hereinafter "the defendant Co., Ltd.") for KRW 173,006,094 for the construction work of machinery and equipment among the new construction work of D apartment and officetel, and completed the construction work around November 30, 2015, but the plaintiff was paid KRW 75,99,000 out of the construction cost and was not paid the remainder.

According to the above facts, the defendant company is obligated to pay 97,07,094 won not paid to the plaintiff (i.e., KRW 173,006,094 - KRW 75,99,000) among the construction cost payable to the plaintiff and damages for delay calculated at each rate of 12% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from April 30, 2019 to May 31, 2019, as requested by the plaintiff, as the plaintiff claims.

B. As to the determination of the defendant company's assertion, the defendant company, the owner of the building, ordered the above construction directly to the plaintiff, and the defendant company formed only the contract form with the plaintiff, and the plaintiff did not complete the whole construction, so the defendant company did not have any obligation to pay the construction price to the plaintiff. However, the defendant company's assertion that there is no other counter-proof to reverse the facts of the above recognition, and therefore, the above assertion by the defendant company

C. Thus, the plaintiff's claim against the defendant company is justified, and this is accepted.