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(영문) 대구지방법원 2015.06.26 2014가단14839
공사대금 및 지불보증금
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from January 28, 2014 to December 10, 2014; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 20, 2013, Defendant, B, and C entered into a construction contract with D (hereinafter “D”) and Daegu-gu E-gu, Daegu-gu, owned by Defendant et al. to newly construct a multi-household house with the date of commencement on February 21, 2013; the date of completion on July 31, 2013; the date of completion on July 31, 2013; and the construction amount at KRW 1.367 billion.

B. After that, on April 9, 2013, the Defendant, etc. and D entered into a modified contract with the following purport: (a) the contractor of the said construction from the Defendant and two (2) persons, including the Defendant, to the Defendant, and the two (2) persons; and (b) the date of commencement of construction on February 25, 2013, respectively.

C. On June 4, 2013, D entered into a subcontract with the Plaintiff and the instant multi-household house construction works (hereinafter “instant title and miscellaneous construction works”) to enter into an agreement on the commencement date of construction on June 10, 2013; the scheduled completion date is August 31, 2013; and the construction amount is KRW 120 million.

During the process of the Plaintiff’s construction of the title and steel, D paid to the Plaintiff the construction cost of KRW 20 million on July 23, 2013, and KRW 20 million on August 22, 2013, and did not pay the remainder of the construction cost. Accordingly, D’s subcontractors, including the Plaintiff, demanded D to receive confirmation of payment from the owner of the building around October 2013.

E. On October 15, 2013, the Defendant: (a) signed an agreement on October 15, 2013 that the owner himself shall pay the construction cost when the contractor does not pay the remainder of the construction work at the construction site of the E-Bara Construction site; (b) the name of the business entity: the name of the business entity: the fixed amount of construction and the amount: KRW 80 million (80,000), the said principal: E-Ba owner F Housing A, the confirmation person: the E-Ba owner F Housing D representative G, the fixed amount of construction (hereinafter “instant payment note”); and (c) issued the Plaintiff with a certificate of personal seal impression attached thereto.

F. Around January 2014, the Plaintiff completed the instant title and steel construction, including construction added due to the modification of a design, and D and above on the 27th of the same month.

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