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(영문) 창원지방법원 2018.08.23 2017가단10254

공사대금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 80,200,000 won and 6% per annum from August 1, 2017 to August 23, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who performs a creative construction work, etc. under the trade name of “C,” and Defendant Taewon Integrated Construction Co., Ltd. (hereinafter “Defendant Company”) is a corporation that engages in general construction work business, etc. as its objective business.

B. The Defendant Company was awarded a contract from Defendant B to the Multi-household Construction Corporation located D in Yangyang-si (hereinafter “instant Multi-household Construction Corporation”).

On June 16, 2016, the Plaintiff entered into a subcontract with the Defendant Company and the instant multi-household construction cost of KRW 135 million.

After the contract between the plaintiff and the defendant company, the Corporation added 12720,000 won to the amount.

C. The Plaintiff completed the subcontracted construction work from the Defendant Company, and received a total of KRW 67.5 million from the Defendant Company until February 16, 2017.

On February 15, 2017, the Defendants jointly and severally prepared a written confirmation of the payment of subcontracted construction cost that the Plaintiff shall be paid within one month after the completion of the payment.

E. The instant multi-household construction corporation underwent a completion inspection at the end of June 2017.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 10 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendants jointly and severally pay to the Plaintiff the construction cost of KRW 80,222,00 (= KRW 135 million ( KRW 12,720,000) - KRW 67,500) and its payment within one month from the date of completion of the payment, barring special circumstances. The date of payment is the end of July 2017, which is one month after the end of June 2017, which is the date of completion inspection.

From August 1, 2017, the following day to August 23, 2018, the Defendants are 6% per annum under the Commercial Act from August 1, 2017 until August 23, 2018, and 5% from the following day to the day of full payment.