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(영문) 서울동부지방법원 2019.01.25 2018가단1347

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 190 million and the period from June 16, 2016 to March 14, 2018.

Reasons

1. Facts of recognition;

A. On April 2016, the Plaintiff entered into the Songpa-gu Seoul Metropolitan Government G Commercial Building Underground Hho Lake, I, and Jho (the office of the Defendant C, and the representative director of the Defendant C is Defendant B, Defendant D’s father), and completed the construction work around June 15, 2016.

On June 15, 2016, the Plaintiff agreed on the construction amount of KRW 190 million, more than the estimate amount of Defendant D and B, and entered into a contract for interior works (design) retroactively on April 30, 2016 between the project owner’s representative director B and the project owner’s representative director C Co., Ltd., with the construction amount of KRW 190 million and the construction period of KRW 150 million until June 15, 2016. < Amended by Presidential Decree No. 27179, Apr. 30, 2016>

B. Defendant D and Defendant B intended to receive a loan on June 2016 and pay the construction cost to the Plaintiff (Defendant B, June 16, 2016, prepared and issued a written confirmation that “I have not deposited KRW 190 million out of the contract for the construction work between Defendant B and the Plaintiff, and confirmed that I have issued receipts as necessary for the bank loan).” However, Defendant B failed to receive a loan and pay the construction cost to the Plaintiff.

C. The Plaintiff demanded joint and several sureties to Defendant D, and on March 30, 2017, Defendant D agreed with Defendant D to reduce the construction cost by KRW 180 million. Defendant D entered into a construction contract on March 29, 2017 with Defendant D’s agent D and the Plaintiff on April 30, 2016. Accordingly, the Plaintiff completed the construction work on June 15, 2016, but D still did not pay the remainder of KRW 190 million after deducting the construction cost from KRW 180,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000.