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(영문) 제주지방법원 2020.06.03 2019나920
공사대금
Text

1. The defendant's appeal against the plaintiffs is dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1.The following facts may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1-1-3 and Eul evidence 1-1 and the whole purport of pleadings:

The Defendant is the owner of the “E and multi-family house construction work” on the ground D at Jeju City (hereinafter “instant construction work”).

The Defendant awarded the instant construction contract to G in the name of F Co., Ltd. (hereinafter “F”).

B. During the instant construction, Plaintiff A supplied workers to the SP and Steel Corporation, and Plaintiff B leased the pumps necessary for the instant construction.

C. On September 7, 2017, the Defendant drafted a “written confirmation of subrogation payment” with the Plaintiffs, and promised the Plaintiff to pay the Plaintiff A wages of KRW 17,000,000 (tax gold separate) and KRW 2,970,000 to the Plaintiff B by no later than 15 days after the completion of the building to be newly constructed as the instant construction. On October 27, 2017, the approval for the use of the said building was granted.

2. Determination

A. According to the facts found in the judgment as to the cause of the claim, the Defendant is obligated to pay the Plaintiff KRW 17,00,000, KRW 2,970,000 to the Plaintiff and KRW 15 days after the completion of the instant building from November 12, 2017 to June 14, 2019, which is the date of the first instance judgment, to dispute over the scope of the Defendant’s obligation to perform, 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. The judgment of the defendant's assertion 1 is that the defendant acquired the obligation to pay the construction price to the plaintiffs who are subcontractors of F or G, who are contractors of F or G, and can exercise the right to claim the repair of defects or the damage claim in lieu of the repair of defects. Thus, the plaintiffs' repair of defects in the part of the construction work of this case or damage in lieu of the repair of defects.

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