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(영문) 수원지방법원안산지원 2014.11.27 2014가단16395

공사대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 34,00,000 and the interest rate thereon from June 12, 2014 to the date of full payment.

Reasons

1. Claim against Defendant B

A. The Plaintiff’s assertion (i.e., the Defendant Company B (hereinafter “Defendant Company”) delegated the Defendant C, an adviser, the adviser, to conclude a contract for construction works of E-Sa, and manage construction works, etc., located D at his Government-si, and issued the Defendant C a business registration certificate, passbook, and employee identification card of the Defendant Company.

The Plaintiff entered into a contract for construction works with Defendant C, which amounted to 68,500,000 with Defendant C, and completed the said construction works on January 10, 2014.

The Plaintiff agreed to reduce the construction cost to KRW 57,000,000 with the Defendant Company, and received KRW 23,000,000 among them.

Therefore, the Defendant Company is obligated to pay to the Plaintiff KRW 34,00,000 (=57,000,000-23,000,000) and damages for delay.

B. The Defendant Company’s assertion that the Defendant Company had no relationship with the Plaintiff’s argument, and thus, the Plaintiff’s claim of this case is without merit.

B. The judgment of the Plaintiff is a person who engages in a creative construction work, a facility renovation business, etc. under the name of F, and the fact that the Defendant is a corporation for bath business, etc. is no dispute between the parties.

Comprehensively taking account of the overall purport of the arguments in Gap evidence 1, Gap evidence 2, No. 4, and No. 5-1 through No. 4, Defendant C concluded a contract for construction works with the defendant company through the defendant company for 68,500,000 won for e-mail or internal repair works (the automatic text, reinforcement glass, and various creative works) located in the defendant company around November 2013. The plaintiff received a total of KRW 23,000,000 from the defendant company five times from August 30, 2013 to January 2, 2014.

Therefore, Defendant Co., Ltd and Defendant C jointly and severally deducted KRW 23,00,000 paid out of KRW 57,000,000 for the construction cost reduced, as alleged by the Plaintiff, as well as KRW 34,00,000, which is the day following the delivery of a copy of the complaint in this case, as alleged by the Plaintiff.