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(영문) 전주지방법원 2018.03.30 2017나5542

공사대금

Text

1.The judgment of the first instance shall be modified as follows:

Defendant Counterclaim Co., Ltd. and Defendant B shall be jointly and severally.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of the manufacturing business, etc. of the head of the family, and the Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company established for the purpose of the construction business.

B. On October 7, 2015, Defendant Company agreed to pay 36 million won to the Plaintiff for the production and installation of 2 Scke (hereinafter “the instant construction work”) with a high-level 5TON/9m order, and agreed to pay 3.6 million won to the Plaintiff on October 31, 2015 (hereinafter “the instant construction work contract”). The down payment amount of 10.8 million won out of the said construction work price, the intermediate payment of 21.6 million won to the Plaintiff by November 17, 2015, and the remaining 3.6 million won after the date of payment to the Plaintiff, and the Plaintiff did not request the Plaintiff to pay the Plaintiff the payment of the construction price by December 10, 2016, each of which was the joint and several liability for the payment of the construction price, on the ground that the Defendant Company did not install the instant work price, on the ground that the Plaintiff had a joint and several liability for the payment of the construction price.

“Notice” was given to that effect.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, and 8 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the principal lawsuit

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally subject to the instant construction contract, barring any special circumstance.