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(영문) 서울남부지방법원 2018.11.09 2018가단202679
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 36,380,00 and KRW 18,190,000 among them, from July 1, 2017 to the remainder.

Reasons

1. Facts of recognition;

A. The Mosung Comprehensive Construction Co., Ltd. (hereinafter “Mosung Comprehensive Construction”) contracted the “D Construction” from C, and Defendant B subcontracted the said construction of reinforced concrete among the said construction works.

B. On January 1, 2017, the Plaintiff received labor sub-subcontracts from Defendant B with respect to the molding molding construction (hereinafter “instant molding construction”) among the above reinforced concrete construction works, and the daily wage is KRW 170,000,000, and the amount calculated by multiplying the daily wage on the 15th day of each month by the air transport station construction work is paid as the construction cost.

C. The Plaintiff performed the instant molding construction project under the re-subcontracted construction contract with Defendant B, but was not paid KRW 36,380,000 for the construction cost from March 1, 2017 to March 31, 2017 (from March 1, 2017) (i.e., daily KRW 170,000 x 214).

On June 2, 2017, Defendant B agreed to pay 50% of the unpaid construction price to the Plaintiff and Defendant B by the end of June of that year, and the remainder of 50% by the end of July of that year (hereinafter “instant reimbursement agreement”), and Defendant present comprehensive construction guaranteed Defendant B’s obligations under the said reimbursement agreement on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. According to the above facts of determination, with respect to the Defendants’ joint and several pursuant to the instant reimbursement agreement for KRW 36,380,000, and KRW 18,190,000, whichever is 50% of the remainder of the construction cost of the instant mold, from July 1, 2017 following the payment date stipulated in the instant reimbursement agreement, and KRW 18,190,000, which is 50% of the remainder, from August 1, 2017 following the payment date stipulated in the said reimbursement agreement to the Defendant B, who is from August 24, 2018 to the delivery date of a copy of the complaint of each instant case, and from May 1, 2018 to the payment date stipulated in each of the instant reimbursement agreements, the Defendants are related to the promotion of litigation, etc.

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