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(영문) 대구지방법원포항지원 2016.10.20 2015가단2476

공사대금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 29,945,400 won and the period from January 15, 2016 to October 20, 2016.

Reasons

1. Facts of recognition;

A. Defendant C awarded each contract to JK General Construction Co., Ltd. (hereinafter “Nonindicted Company”) for the construction of multi-family housing on the ground (hereinafter “the primary construction”) of Gyeongjin-gun, Chungcheongnam-do and one other, and the construction of multi-household housing on the ground (hereinafter “the primary construction”) and multi-household housing on the ground (hereinafter “the primary construction”) of E, and multi-household housing newly constructed by the said construction. The non-party Company awarded each contract to F, while the non-party Company ordered the Defendant B to each of the primary and secondary construction.

B. On October 24, 2013, Defendant B awarded a contract to the Plaintiff for construction works on the 4th, 5th, 4th, and 5th, and the parts on steel processing and assembling; and on May 20, 2014, Defendant B awarded a contract for each of the construction works on steel processing and assembling.

(2) The construction contract between the Plaintiff and the Defendant is based on the following facts: (a) the construction contract between the Plaintiff and the Defendant was entered into between the Plaintiff and the Defendant (hereinafter “instant construction contract”).

From October 24, 2013 to July 12, 2014, the Plaintiff executed each of the instant construction works.

On the other hand, on April 19, 2014, Defendant C’s payment guarantee letter (No. 2, hereinafter referred to as “construction name”) stating that the following payment guarantee letter to the Plaintiff (No. 2, hereinafter referred to as “construction name”) was newly issued, the first fourth, the fifth, and the second five-story construction process

2. Place of construction: Ulsan-gun, Ulsan-gun, and 1 other than G 4;

3. Period: Until May 31, 2014.

4. In the field of construction: (a) Compilation and cancellation (including materials and equipment) of margum marcult marries; (b) processing and assembling (including materials and equipment);

5. Owner: Defendant C;

6. The constructor: the plaintiff;

7. Guarantee by the owner of a project, when the number of materials and steel involved is not paid at seven times after completion of the structural frame of the 2nd floor and the 4th floor, the 5th floor, the 1st floor and the 3th floor of the 3rd floor and the 3th floor of the 3rd floor and the 4th floor of the 4th floor after completion of the structural frame of the 4th floor of the 4th floor and the 7th floor of the 4th floor of the 3rd slab concrete.

8. The construction cost arising from the progress of the construction project as set forth above shall be paid on the date of the above progress payment.