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(영문) 대전지방법원서산지원 2015.12.24 2015가합297

공사대금

Text

1. The Defendants jointly share KRW 689,700,000 with the Plaintiff and the period from February 26, 2015 to December 24, 2015.

Reasons

1. Facts of recognition;

A. On December 19, 2014, the Plaintiff entered into a contract with the Defendants to preferentially pay the construction cost for the structural construction of the elderly welfare facility (hereinafter “instant contract”) among the new construction of the elderly welfare facility (hereinafter “instant construction”) on a plot of land, Hongcheon-gun D and two parcels of land (hereinafter “instant construction”) and to preferentially pay the said payment at the time of the 3rd floor alley of the instant construction work (hereinafter “instant contract”).

B. On February 25, 2015, the Plaintiff completed 95% of the instant construction work, including the 3rd floor bed, and the Defendants completed the remaining construction.

【Ground of recognition” without any dispute, Gap evidence Nos. 1, 7, 9, 10, 12, and Eul evidence Nos. 1 (Evidence No. 1 (Contract for Construction Work) and Eul evidence No. 1 (Contract for Construction Work) are presumed to be the authenticity of the entire document due to the lack of dispute among the defendants’ seals. Defendant C has a defense to the effect that the part of the orderer is forged among the above documents, but Defendant C stated that at the first date of pleading, Defendant B was delegated by Defendant C and sealed Defendant C’s seal to the orderer column of the contract of this case on the first date of pleading.)

2. The obligation of the joint contractor for determination as to the cause of the claim is indivisible in its nature. According to the above facts, the Defendants, a joint contractor, are jointly obligated to pay to the Plaintiff, a contractor, 689,70,000 won for the term work under the instant contract (=726,00,000 won x 95%) and to pay damages for delay at each rate of 15% per annum under the Civil Act from February 26, 2015 to December 24, 2015, which is the date following the due date for the payment of the construction payment (726,00,000 won x 95%) and the date following the due date for the payment of the construction payment, as deemed reasonable.

Article 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.