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(영문) 서울중앙지방법원 2018.07.26 2017가합577322

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 395,000,000 won and the Defendant with respect thereto.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of building reinforced concrete, etc., and the Defendant CMM flus Co., Ltd. (hereinafter “Defendant Company”) is a corporation with the purpose of selling agency business.

B. The Plaintiff entered into a contract with the Defendant Committee for the Promotion of the Housing Association of the Privatecheon Aviation (hereinafter “Defendant Committee”) under which the Defendant Committee would receive a sample house of the private-scale Aviation Housing Association (hereinafter “instant construction”) at KRW 495 million (including value-added tax) and the said construction cost would be paid until December 30, 2016 (hereinafter “instant contract”). The Defendant Company jointly and severally guaranteed the Defendant Committee’s obligation to pay the said construction cost to the Plaintiff.

C. The Plaintiff completed the instant construction and delivered it to the Defendant Committee, but the Defendant Committee did not pay the remainder of the construction cost in addition to the payment of KRW 100 million to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. According to the facts based on the determination, the Defendant Committee is obligated to pay the construction cost to the Plaintiff in accordance with the instant contract, and the Defendant Company is jointly and severally liable with the Defendant Committee for the payment of the said construction cost. As such, the Defendants jointly and severally liable to the Plaintiff for the payment of the remaining construction cost of KRW 395 million (i.e., the construction cost of KRW 495 million under the instant contract - the construction cost of KRW 100 million already paid by the Defendant Committee - the Defendant Committee as requested by the Plaintiff after the payment date, and as to the Defendant Company, from November 17, 2017, the day following the day when the duplicate of the instant complaint was served on the Defendant Committee, and as to the Defendant Company, the delay damages calculated by 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which was served on the Defendant Company, from November 16, 2017