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(영문) 인천지방법원 2020.11.24 2017가합56697
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 255,00,000 and KRW 48,840,000 among them, from December 1, 2016, and from 206,160.

Reasons

Basic facts D Co., Ltd. (hereinafter referred to as “D”) concluded a contract with the Defendants on January 16, 2014 by setting the contract amount of KRW 16,775,00,00 (including value-added tax; hereinafter the same shall apply), the date of commencement as of January 25, 2014; the date of completion as of October 20, 2015.

The Plaintiff received a subcontract for electricity, telecommunications, and fire fighting works from D among the instant hotel construction works, on July 29, 2014, and was subcontracted on January 27, 2016 for the supply of lighting fixtures.

(hereinafter “the instant electric, telecommunication, and fire fighting construction” and “the instant lighting fixture construction,” and the total of the foregoing construction works, “each of the instant construction works.” Although the subcontract price for the instant electric, telecommunications, and fire fighting construction was KRW 847,00,000, the subcontract price for the instant electric, telecommunications, and fire fighting construction was changed to KRW 1,343,100,000 on October 6, 2016, the subcontract price for the instant lighting fixture construction is KRW 242,00,000.

The Plaintiff completed each of the instant construction around October 18, 2016, but D did not pay to the Plaintiff the remainder of the subcontract price of KRW 206,160,00 for the construction cost of the instant electric power, telecommunications, and fire fighting, and KRW 48,840,00 for the instant lighting fixtures, and KRW 255,00,000 for the aggregate.

In the subcontract of each of the instant projects, the Plaintiff and D agreed to guarantee the payment of subcontract consideration to the Plaintiff, and the Plaintiff to guarantee the performance of the contract to D.

(7) Accordingly, on January 5, 2017, the Plaintiff was issued with D a warranty bond of KRW 40,293,000 with respect to the instant electric power, telecommunications and fire-fighting construction, and KRW 7,260,000 with respect to the instant lighting fixtures construction on January 20, 2017, respectively, “subcontracts” of KRW 7,260,000 with respect to the instant lighting fixtures construction.

However, D did not perform the obligation to guarantee the payment of the subcontract price for each of the instant projects to the Plaintiff.

The Plaintiff’s instant case on November 14, 2016.

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