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(영문) 수원지방법원안산지원 2014.12.04 2014가단10687
공사대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 28,100,00 and the interest rate thereon from April 15, 2014 to the date of full payment.

Reasons

1. The parties' assertion

A. From October 31, 2012 to May 10, 2013, the Plaintiff asserted that: (a) concluded a contract for each construction work with Defendant B Co., Ltd. (hereinafter “Defendant Company”); and (b) performed construction works at five sites in king-si, Yang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, Goyang-si, and Ansan-si; (c) the total construction cost of KRW 175,50,000 (=4,00,000, 23,000,000, 222,000, 26,000,000, 600, 600,5000,500,0000).

From November 7, 2012 to September 17, 2013, Defendant Company paid KRW 147,400,000 to the Plaintiff as cash and promissory note.

On September 2, 2013, the Plaintiff demanded the Defendant Company to submit a document confirming the payment of the balance of the construction price at any time, and the head of the management division D of the Defendant Company drafted a written confirmation to the Plaintiff on September 2, 2013, stating that “The payment of the unpaid construction price of KRW 32,00,000 shall be made not later than February 2, 2014.”

After the preparation of the above certificate, the payable amount of KRW 5,00,000 shall be KRW 27,000,000,000, and the payable amount of KRW 27,000 shall be KRW 27,00,000,00, and the payable amount of KRW 1,100,000 shall be KRW 28,10,00,00,000 among the paid amount of the paid work in Ansan-dong.

On the other hand, Defendant C was the former representative director of Defendant C, and was jointly and severally paid the construction cost to the Plaintiff.

Therefore, the Defendants are jointly and severally obligated to pay 28,100,000 won to the Plaintiff.

B. The Defendants’ assertion that the Plaintiff entered into a construction contract with the Defendant Company is limited to only one site at Gyeyang-dong Childcare Center at Ansan-si, and the amount payable out of the construction cost is KRW 1,100,000.

Defendant C did not have to pay the construction price jointly with the Defendant Company to the Plaintiff.

2. Determination

A. The Plaintiff is a person who engages in building equipment construction business, specialized fire-fighting and electrical construction business, etc. with the trade name of “E”, and the Defendant Company is from F Co., Ltd. on October 14, 2013.

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