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(영문) 전주지방법원군산지원 2012.12.14 2011가합3444
공사대금 등
Text

1. The Defendants are jointly and severally and severally liable for the Plaintiff’s Intervenor’s 180,707,761 won and its related amount from February 2, 2012 to December 14, 2012.

Reasons

1. Facts of recognition;

A. On November 29, 2010, Defendant C&C Co., Ltd. (hereinafter “E”) entered into a subcontract with Defendant C&C (hereinafter “Defendant C”) on the terms and conditions that the construction cost of the construction work for the construction of the steel framed BH in the construction of the G building in force at the east of Japan’s east-do (hereinafter “instant construction work”) shall be KRW 345,287,000 in Japanese currency, and the construction period shall be from January 7, 2011 to September 2011 (hereinafter “instant subcontract”). On June 7, 2011, the Plaintiff paid the contract amount of KRW 242,00,000,000, and the construction period shall be calculated from June 7, 2011 to September 30, 2011 to pay the final subcontract amount at KRW 300,000 per monthly (hereinafter “the instant subcontract”).

B. After that, the Plaintiff settled the construction price of the sub-subcontract in E and the instant case at KRW 580,654,967, and the remainder of the construction price is KRW 228,00,000 after receiving payment of part of the construction price from E. The Plaintiff declared that E is unable to pay the construction price any longer due to the aggravation of business management on August 8, 201.

C.1) Meanwhile, on August 12, 2011, Defendant B’s written consent to the payment of the construction price as follows (hereinafter “instant written consent to the payment”) to the Plaintiff.

) Along with this, Defendant A (hereinafter “Defendant A”), Defendant C, and Plaintiff B signed at the end, stating “Defendant A” (hereinafter “Defendant A”), and signed. - As to the wage for the instant construction work that occurred after this hour, Defendant B promised to be liable and paid by Defendant A. 2) on August 16, 201, Defendant B drafted a written confirmation (hereinafter “instant written confirmation”) stating that “The unpaid progress payment for June 201 of 201 and the progress payment for July 3, 2011 shall be paid by September 3, 201.”

3 In addition, Defendant B shall be the Plaintiff on October 14, 201.

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