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(영문) 인천지방법원부천지원 2016.07.19 2016가단1450

공사대금

Text

1. Defendants are jointly and severally liable to the Plaintiffs for KRW 37,225,00 and Defendant C with respect thereto from February 2, 2016, and Defendant D with respect thereto.

Reasons

1. Basic facts

A. On November 27, 2014, the Plaintiffs concluded a construction contract with Defendant D, Etel ordered by Defendant D, and an urban-type residential housing construction project that wishes to receive a contract for the part of reinforced concrete construction among urban-type residential housing construction works.

(hereinafter “instant construction contract”). The main contents are as follows.

1. Project owner: Defendant D or C prime contractor: Etel or urban-type residential housing construction works;

2. Subcontract project name: Etel or urban-type residential housing construction works, which are built of reinforced concrete;

4. (Omission)

5. Contract amount: 790,000,000 won (excluding value-added tax);

6. Payment of the cost: 50% in cash and 50% in lieu of the total amount of the project;

(a) Advance payment: No one; and

(b)Completion completed amount: 50,00,000 won for F (the payment in cash for the remaining amount of KRW 56,000 for the third floor, KRW 56,00,000 for the sixth floor, and KRW 74,500,000 for the remaining amount of KRW 70,000 after the completion of the elb) for the second household (30,000,000 for the loans after completion) G (45,00,000 for the loans) for the 7st unit of goods.

G 406 & F 402

7. 7.

8. (Omission)

9. The ratio of warranty bond: 3%;

B. The Plaintiffs issued and delivered an electronic tax invoice on March 30, 2015, on which the date of April 9, 2015, stating the Plaintiff B (H company), and the recipient of the supply, as the Defendant’s two industry development, supply price of KRW 172,250,00, tax amount of KRW 17,225,00, and KRW 189,475,000, total amount of KRW 189,475,00.

Furthermore, the fact that the plaintiffs received KRW 172,250,000 among the above amounts is the plaintiffs.

C. Meanwhile, the Plaintiffs did not receive KRW 45,000,000, out of the amount stipulated in the instant construction contract as “the 7th thing sold, which shall be paid KRW 50,000,000,000,” following the completion of the said construction, from Defendant Two Industrial Development Co., Ltd. (hereinafter “Defendant Two Industrial Development”) on November 3, 2015, the Plaintiffs paid KRW 45,000,000, out of the above KRW 45,000,000, and paid the remainder by November 30, 2015.