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(영문) 서울동부지방법원 2015.03.31 2014가단16235
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 32,760,000 won and the Defendant Daedong Construction Co., Ltd. on January 16, 2015.

Reasons

1. Basic facts

A. On October 26, 2009, the Plaintiff entered into an agreement on the participation in construction with Defendant Daedong Construction Co., Ltd. as follows.

Construction name: Construction site of reinforced earth retaining wall installation works from among construction works of construction works of construction machinery verification facilities: Contract price in the Gyeonggi-si City C (D Research Institute): T.C. of KRW 136,000,000 per day (excluding value-added tax) of KRW 136,000 per day: Defendant Daedong Construction Co., Ltd., and contractor: Plaintiff

B. After completing a part of the construction work in accordance with the above agreement, the Plaintiff claimed KRW 106,260,000, totaling KRW 99,330,000 on December 30, 2009, and KRW 6,930,000 on April 30, 2010.

C. Around August 31, 2010, after the Plaintiff filed a partial claim for the construction cost with Defendant Dae-dong Construction Co., Ltd., the purport that the unpaid construction cost will be fully paid (the purport that the Plaintiff failed to pay the cost of the reinforced retaining wall construction completed by the construction, and that it would be promised to pay it in full by November 25, 2010), and the Defendant B jointly and severally guaranteed this.

The Plaintiff received KRW 73,500,000, out of the above KRW 106,260,000 until now.

[Reasons for Recognition] Unsatisfy, each entry of Gap 1-5 (including virtual numbers), and the purport of the whole pleadings

2. According to these facts, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of construction payment of KRW 32,760,000 ( = 106,260,000 - 73,500,000) and the Defendant Daedong Construction Co., Ltd. with respect thereto from January 16, 2015 following the delivery of a copy of the instant complaint, and Defendant B is liable to pay damages for delay calculated at the rate of 20% per annum from February 22, 2014 to the day of full payment after the delivery of a copy of the instant complaint.

3. As to the Defendants’ assertion, the Defendants’ determination was based on the fact that the Corporation was delayed due to the Plaintiff’s fault and the Plaintiff’s unilateral compromise, resulting in the Defendants’ damage equivalent to KRW 45,00,000.

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