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(영문) 대구지방법원포항지원 2015.12.22 2013가단12554

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 34,846,005 won and 5% per annum from January 1, 2014 to December 22, 2015.

Reasons

1. Basic facts

A. On July 11, 2013, the Plaintiff received construction cost of KRW 186,00,000 (excluding value-added tax; hereinafter the same shall apply) from the Round Korea Co., Ltd. (hereinafter “Round”) for the removal of a factory in South-gu C (hereinafter “instant construction”).

B. On July 30, 2013, the Plaintiff made an oral promise to subcontract the instant construction project to Defendant B, and the Plaintiff agreed to work together with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) who is not entitled to perform the instant construction project and agreed to work together. On July 30, 2013, an agreement was made between the Plaintiff and the Defendant Co., Ltd to accept the instant construction project in KRW 98,00,00 (Evidence 2-1).

B. The above agreement states that the Defendant Company purchases (general scrap metal of KRW 310 won/km, non-ferrous metal of KRW 1,100/km of KRW 1,200/km of KRW 1,200/km) of scrap metal arising out of the instant construction, and that the price shall be settled in each share and deposited into the Plaintiff.

C. On August 2013, the Plaintiff and the Defendants drafted a written agreement by changing the terms and conditions as set out below, and the said written agreement signed by the representative director D and Defendant B of the Defendant Company.

① Adjustment of the unit price for scrap metal to be paid by the Defendant Company to the Plaintiff into 310 won/km, and 800 won/km of general scrap metal to the Plaintiff. ② The Plaintiff’s payment of KRW 500 per kilogramg to the Defendant Company by measuring the weight of the tank (including heat exchange units) with the Plaintiff’s disposal, and the Plaintiff’s payment of KRW 500 per kilogramg to the Defendant Company (all removal works will be completed within October 10, 2013) (the removal works will be completed within all removal works will be completed within the date of October 10, 203), the removal of the outside gate, the removal of the third story tank (which will be restored to the building) and the equipment to be taken into the 3rd tank removal and the return to the roof shall be paid to the Plaintiff (excluding the E) ④ Of the number of removal of the pipeline removal works related to the OSBL pipe removal works to the Plaintiff, the Defendant Company’s payment of labor costs to the Defendant Company for dismantling 4,000.