beta
(영문) 부산지방법원 동부지원 2018.10.17 2018가단7179

공사대금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 68,00,000 and Defendant A Co., Ltd. with respect thereto from December 30, 2015.

Reasons

1.The following facts of recognition do not conflict between the Parties:

The Plaintiff is a company that runs the construction business of the steel structure construction business, and the Defendant A (hereinafter referred to as the “Defendant Company”) is a company that runs the construction business, such as the construction business.

B. On July 8, 2015, the Plaintiff concluded a contract with the Defendant Company for the construction work of KRW 484,00,000 for the construction cost (including value-added tax) and the construction period from July 8, 2015 to August 15, 2015, and completed the construction work within the said contract period.

C. On September 15, 2015, the Plaintiff received a contract from the Defendant Company for the installation of natural mining concession from the construction cost of KRW 44,00,000 (including value-added tax) and for the construction period from September 15, 2015 to October 20, 2015, and completed the construction within the said contract period.

C. On February 2, 2016, Defendant Company prepared a performance certificate stating that “The unpaid construction price shall be KRW 368,000,000, and shall be paid until April 30, 2016,” to the Plaintiff. At the time, Defendant B guaranteed the Defendant Company’s obligation to pay the said unpaid construction price to the Plaintiff.

The Defendants did not pay the Plaintiff KRW 68,000,000 among the above construction costs until now.

[Ground] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the above KRW 68,00,000 and the Defendant Company from December 30, 2015, which was sought by the Plaintiff after the completion date of each of the above construction works; Defendant B, from May 1, 2016, the next day of the payment date, to June 1, 2018, the delivery date of a copy of each of the complaint in this case; and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the full payment date.

3. Conclusion