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(영문) 서울남부지방법원 2016.01.14 2015가단24083
공사대금 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 20,102,00 and 20% per annum from June 30, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On March 20, 2013, the Plaintiff and Nonparty Incorporated (around April 30, 2015, the remaining claims for payment accrue to the Plaintiff following the withdrawal of joint supply and demand organization) entered into the instant contract with Defendant A Co., Ltd., whereby the Defendant would manufacture and install three elevators at the site of Songpa-gu Seoul, the Corporation and receive KRW 238,150,000 (including value-added tax).

B. On September 17, 2013, the Plaintiff, reputation, elevator and Defendant A Company agreed to change the supply date from July 30, 2013 to September 25, 2013. On October 10, 2013, the Plaintiff and Defendant A agreed to change the supply price of KRW 238,150,000 (including value-added tax) to the price of KRW 237,050 (including value-added tax) as a result of a shooting change.

C. On December 28, 2012, the Plaintiff and reputation elevator completed the manufacture and installation works of the elevator, and passed a completion inspection from the Korea Elevator Safety Institute, but Defendant A Co., Ltd did not pay the remainder of the construction price of KRW 20,102,00.

On September 16, 2013, Defendant B, the representative director of Defendant A Co., Ltd., guaranteed the remainder of the construction cost to the Plaintiff.

[Reasons for Recognition] No dispute exists, Gap 1, 2-1, 2-2, 3-1, 3-2, and 4, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 20,102,000 for the remainder of the construction project and the damages for delay calculated at the rate of 20% per annum from June 30, 2015 to September 30, 2015, which was delivered by the instant complaint to the Defendants, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

B. The Defendants’ defenses made by the Defendants: (i) at the time of Defendant B’s joint and several sureties’s joint and several liability for the construction cost, the Defendants paid the remainder of the construction cost after the completion of the L CD panel and CCTV distribution work; and (ii) the construction was not completed.

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