beta
(영문) 수원지방법원안산지원 2015.02.05 2013가합7339

공사대금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 79,893,648 and Defendant A Co., Ltd. from December 12, 2014.

Reasons

1. Determination as to the claim against Defendant A corporation

A. Claim for indication and Defendant A Co., Ltd. (hereinafter “Defendant A”), concluded on May 13, 2013 between the Plaintiff and Defendant A Co., Ltd. (hereinafter “Defendant A”), and claim for the payment of unpaid payment of KRW 79,893,648, and damages for delay, calculated by deducting the construction cost of KRW 317,96,352 that the Plaintiff received from the said Defendant as the payment for the said construction cost, from KRW 397,860,000 on the subcontract for the portion of civil works among “D” at the site of the construction work in the Shimn-si C (hereinafter “instant subcontract”), which was concluded on May 13, 2013.

(b) Article 208(3)3 of the Civil Procedure Act:

2. At the time of determination as to the claim against Defendant B, only the reply prepared in the name of Defendant A, but it is reasonable to view it as the reply submitted by Defendant B as the reply, since it was actually submitted after Defendant B was served with a written complaint. Therefore, the judgment was not rendered based on the confession.

Comprehensively taking account of the overall purport of the arguments in Evidence A Nos. 1, 2, and 4, the Plaintiff and Defendant A entered into the instant subcontract on May 13, 2013; Defendant B, the representative director of Defendant A, agreed with the Plaintiff jointly and severally with the Defendant A Co., Ltd. to assume the obligation to pay the said construction cost; and the Plaintiff was found to have completed construction works under the said subcontract on September 30, 2013; and the Plaintiff was paid KRW 317,96,352 out of the said construction cost by August 1, 2013. As such, Defendant B and the Plaintiff jointly and severally with the Defendant Company KRW 79,893,648 (=397,860,00-317,966,352) and damages for delay calculated by the Plaintiff’s delivery of the copy of the instant subcontract to the Plaintiff at the rate of 201.25% from the date of completion of the construction work.

3. The plaintiff's conclusion of this case.