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(영문) 수원지방법원 여주지원 2018.11.20 2018가단53363
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 35,00,000 and the interest rate thereon from June 30, 2018 to the date of full payment.

Reasons

Facts of recognition

On November 3, 2017, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a contract (hereinafter “instant contract”) with respect to the construction work (hereinafter “instant construction work”), which constructs “pactical wood structure 20 square meters,” on the D ground of Won-si (hereinafter “instant construction work”).

On October 11, 2017, the Plaintiff paid the Defendant Company the construction cost of KRW 15,00,000,000, and KRW 20,000,000 on October 24, 2017.

Since then, the Defendant Company did not properly carry out the instant construction work, and Defendant C, a real operator of the Defendant Company, completed the said construction work on January 5, 2018 to the Plaintiff until May 30, 2018, and, if not, made an undertaking to jointly and severally pay the full amount of the construction amount with the Defendant Company (hereinafter “instant undertaking”).

(Reasons for recognition) Facts without dispute, entries or images of Gap's evidence 1, 2, 4 through 7, and the purport of the whole pleadings.

Judgment

According to the above facts of recognition, the defendant company did not perform the construction of this case and violated the contract of this case. Thus, the contract of this case was terminated on June 29, 2018 by the complaint of this case stating the plaintiff's declaration of termination.

Therefore, the Defendants shall pay to the Plaintiff the construction cost of KRW 35,00,000 and the damages for delay calculated at the rate of 15% per annum from June 30, 2018 to the day of full payment, which is the day following the delivery of the instant complaint, to the day of full payment.

The plaintiff's claim against the defendants is accepted in its conclusion.

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