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(영문) 대전지방법원천안지원 2019.04.19 2018가합919

공사대금

Text

1. The Defendants are jointly and severally 872,225,500 won, Defendant B Co., Ltd. 88,500,000 won, and Defendant D 38,500,000 won.

Reasons

1. Indication of claim;

A. On June 26, 2017, the Plaintiff entered into a contract for the new construction of the G G Housing Complex in Busan Metropolitan City with Defendant B Co., Ltd. for the construction period of KRW 6,290,900,000 (including additional tax) from June 29, 2017 to April 30, 2018, and paid 100% of the supplier’s cost out of the construction cost as advance payment, and the remainder to be paid within 15 days from the date of the claim for each month. Under the said contract, the Plaintiff supplied polymmmmar and accessory materials produced by the Plaintiff, and subsequently requested the Defendant B Co., Ltd. for progress of the said construction in order by supplying them.

B. From the beginning of 2018, Defendant B did not comply with the payment date under the above contract terms. On June 25, 2018, Defendant C and Defendant D agreed to pay KRW 400,000, out of the total amount of progress payment obligations of KRW 872,225,500, as well as the total amount of KRW 472,225,50, as of June 30, 2018, and the remainder of KRW 472,225,50 as of September 30, 2018, respectively, as co-debtor and Defendant C and Defendant D were co-sureties, respectively, and as co-sureties and joint and several surety.

C. From May 1, 2018 to August 20, 2018, the date following the standard for preparing the above letter of performance assurance was the additional construction cost required for the finishing work between May 1, 2018 and August 20, 2018; KRW 88,500,000 for the Defendants Company B among the Defendants; and KRW 38,50,000 for Defendant D (H).

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 872,25,500 according to the above commitment, Defendant B Co., Ltd. KRW 88,500,000 for additional construction work, Defendant D’s additional construction work cost of KRW 38,50,000 for each of them, and damages for delay from the day following the delivery of the application for modification of the purport and cause of the instant claim.

2. Articles 208(3)1 and 257(1) of the Civil Procedure Act, which hold a judgment without holding any pleadings.