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(영문) 수원지방법원 2017.09.15 2015가합65939
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 390,179,118 and KRW 329,598,00 among them, from June 1, 2015 to September 1, 2017.

Reasons

1. Basic facts

A. On February 28, 2014, the Defendants sold to Nonparty E the land indicated in attached Table 1 (hereinafter “instant site”) for KRW 3.3 billion.

Since then, the site of this case was divided into the F, G, etc. in terms of harmony.

B. On March 11, 2014, Nonparty H, Defendant C, and E, who are the employees of the Plaintiff Company, drafted a contract agreement to newly construct a factory (hereinafter “instant factory”) with the Defendants, the contractor, the Plaintiff Company, and the construction cost of KRW 840,000,000,000 for the instant site.

(hereinafter referred to as the “instant contract”). The contractor column for the said contract signed and sealed Defendant C’s signature and seal, and Nonparty I’s name, the representative director of the Plaintiff Company listed in the contractor column, affixed H seal.

The terms and conditions of the instant contract are as follows.

Standard contract for private construction works

1. Name of the construction project: J or K-built construction project;

2. Place for construction: L in the case of harmony; and

3. Date of commencement: March 11, 2014.

4. Date scheduled for completion: June 30, 2014.

5. Contract amount: The contractor (hereinafter referred to as "A") and the contractor (hereinafter referred to as "B") of Article 1 (General Provisions) of the General Conditions for Standard Contract for Private Construction Works on March 11, 2014 annually, with 12% per annum, shall perform the contract in good faith in cooperation on an equal footing;

Article 28 (Payment of Price) (1) "B" may adjust the construction site, such as the removal, removal, etc. of surplus materials, wastes, temporary facilities, etc. immediately after passing the completion inspection of "A" and claim the payment of the construction cost to "A".

(2) “A” shall pay the construction price to “B” simultaneously with the delivery of the object of the contract, unless otherwise stipulated.

(3) Where “A” fails to pay the construction cost by the due date, the due date for the unpaid amount shall apply.

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