logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.06.20 2017가단12327
공사대금
Text

1. Defendant A and B jointly share KRW 142,50,000 with respect to the Plaintiff and the Plaintiff from August 23, 2017 to September 27, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the file production and sales business.

B. On August 29, 2016, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with Defendant Suan Construction Co., Ltd. (hereinafter “Defendant Suan Construction”) on the condition that it will receive a contract as follows:

【Standard Subcontract Form for Construction Works】

1. The project owner: The name of the main contract construction corporation: Construction of multi-family housing and neighborhood living facilities outside C;

2. The name of the subcontracted project: The basic work for a health file (hereinafter referred to as the “instant work”) among the work for constructing multi-family housing and neighborhood living facilities outside C and one parcel of land.

3. Construction site: Land outside C in Yangsan-si and one parcel; and

4. Period: From September 1, 2016 to September 30, 2016;

5. Contract amount: 159,600,000 won;

6. Payment of the price;

(a) Advance payments: 10 thousand won; and

(b) progress payment: Within 70 days after the completion of work; and

9. Warranty bond rate: 3%; 11. Rate of liquidated damages: 1/1000;

C. Although the Plaintiff completed the instant construction, it did not receive any remainder of KRW 142,500,000, which remains after deducting advance payment of KRW 10,000 from the final settlement amount of KRW 152,50,000 among the construction cost of the instant case.

On the other hand, D, on July 31, 2017, drafted a payment note stating that “if the Suwon General Construction Company fails to pay the balance 142,50,000 won by August 22, 2017, it shall pay the balance, it shall pay the balance in lieu of the payment” (hereinafter “instant payment note”) to the Plaintiff, and on the same day, Defendant A and B guaranteed the obligation to pay the balance.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. According to the facts of the above recognition as to the cause of the claim, the Construction of the Defendant Suan Construction as the contractor of the instant subcontract, Defendant A and B jointly with each of the guarantors on the instant payment memorandum, and the said construction cost payable to the Plaintiff, barring any special circumstances.

arrow