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(영문) 전주지방법원 2018.12.20 2017가단11645
공사대금
Text

1. The Defendants jointly share KRW 109,069,600 with respect to the Plaintiff and the period from March 4, 2015 to December 20, 2018.

Reasons

1. The parties' assertion

A. On September 24, 2013, the Plaintiff entered into a contract with Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on the basis and framework construction among the newly-built multi-household apartment complex construction in the former Chang-gun, Chang Chang-gun, North Chang-gun, for KRW 554,00,00. The additional construction amount in the construction process occurred in KRW 22,50,000. Even when the Plaintiff completed the said construction, the Defendant Co., Ltd. paid only a portion of the construction cost, and did not pay the remainder. Therefore, the Defendant Co., Ltd. should pay the Plaintiff the unpaid amount of construction cost and damages for delay.

Defendant F promised to pay the remainder to the Plaintiff on October 10, 2014 in relation to the foregoing construction work, and thus, Defendant F is jointly and severally liable with the Defendant Company.

B. The Defendants repaid most of the construction cost to the Plaintiff, and agreed to lend KRW 30,000,000 to the Plaintiff at the time of the construction work, taking into account the agreement that the Plaintiff agreed to increase the construction cost. However, the Plaintiff did not perform the said promise, thereby compensating the Plaintiff for damages of KRW 29,150,000 for the increased construction cost, and ② compensating the Plaintiff for damages of KRW 40,000 in relation to the suspension of construction work for about 40 days, so there is no amount to be paid by the Defendants to the Plaintiff.

2. Determination

A. According to the purport of Gap evidence Nos. 1, 2, 3, and 6 as the premise of discussion and the whole arguments, the contract price of KRW 554,00,00 between the plaintiff and the defendant company can be acknowledged as the fact that the plaintiff completed the construction work, the defendant F promised the plaintiff to pay the remaining amount based on the above contract. Thus, barring any special circumstance, the defendants jointly pay the remainder of the construction work and the damages for delay to the plaintiff (see, e.g., that the defendant F guaranteed the defendant company's obligation). However, it is between the plaintiff and the defendants.

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