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(영문) 서울남부지방법원 2013.04.09 2012가합9080
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 304,467,170 won and 10% per annum from March 22, 2012 to May 23, 2012.

Reasons

1. Facts of recognition;

A. (1) The Defendant B owned the position of the party (i) 365 square meters (in the case of the land at issue, the land at issue was divided and land category was changed thereafter, D large scale 233 square meters; hereinafter “instant land”).

Defendant C is the wife of Defendant B.

(2) The Plaintiff is a company with the purpose of building works and civil engineering work.

B. On July 6, 2011, Defendant B entered into a contract with Defendant B and Long-Term Construction Company for the construction of multi-household housing (hereinafter “instant construction”) and the construction of multi-household housing on the instant land (hereinafter “multi-household housing”) with Defendant B entered into a contract under which the construction cost is KRW 435 million (excluding value-added tax).

(2) The construction of the integrated mountain construction was subsequently suspended while performing the construction of the ground-breaking construction of the first floor and the structural frame assembly construction.

Defendant B rescinded the above contract on September 201.

C. (1) On September 23, 2011, the Plaintiff and Defendant B entered into a contract for the instant construction work (hereinafter “instant contract”). On September 23, 201, Defendant B entered into a contract with the Plaintiff, setting the construction cost of KRW 495 million (excluding value-added tax) and the construction period from September 23, 2011 to December 31, 201 (the scheduled date of commencement) (hereinafter “instant contract”).

Defendant C jointly and severally guaranteed Defendant C’s obligations under the instant contract.

(2) Of the terms and conditions of the instant contract, the issues of the instant case are as follows.

(1) The rate of warranty bond: 3%: 1/1,003 interest rate for delay in payment: 1/1,000 (3) and the general conditions of the standard contract for private construction works attached to the instant contract (hereinafter “general conditions”) shall be as follows:

(1) The date of completion refers to the date the plaintiff completes construction works and requests the defendant B to undergo a completion inspection in writing.

Provided, That it has passed a completion inspection under Article 24.

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