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(영문) 광주지방법원 2020.11.13 2020가단536307
공사대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 77,201,140 and Defendant B Co., Ltd. from October 26, 2019.

Reasons

1. Around October 2018, Defendant B Co., Ltd. (hereinafter “Defendant B”) contracted the construction of D detached Housing to Defendant C Co., Ltd. (hereinafter “Defendant C”), and around December 2018, Defendant C extended the construction of reinforced concrete (hereinafter “instant construction”) during the construction to the Plaintiff during the construction period from December 20, 2018 to May 31, 2019.

After the construction cost of KRW 1,545,500,000, the construction cost of KRW 1,320,000 has been increased to KRW 1,545,500.

set forth and subcontracted as such.

On February 5, 2020, Defendant C agreed with the Plaintiff that “Defendant C shall pay the Plaintiff KRW 292,50,000,000, insurance premium of KRW 26,401,140, and KRW 8,300,000, among which KRW 100,000,000 shall be paid to the Plaintiff on February 28, 2020, KRW 100,000,000 shall be paid on March 30, 202, and the remainder of KRW 127,201,140 shall be paid on April 30, 2020, Defendant C shall be liable for joint and several debt of Defendant C under the above agreement.”

[Reasons for Recognition] Each entry of Gap evidence 1 through 7 (including each number), and the purport of the whole pleadings

2. According to the above facts of determination, the defendants jointly and severally liable to the plaintiff 327,201,140 won under the agreement made on February 5, 2020 (=292,50,000 won premium of KRW 26,401,401,140, non-payment of KRW 250,000,000, which was paid to the plaintiff, shall be 77,201,140 won (=327,201,140 - 250,000 won - 250,000 won) and against this, the defendant Eul is jointly and severally liable to pay damages for delay calculated from October 26, 2019 to November 15, 2019, on the record that the delivery date of the original copy of the payment order of this case is the next day of the service of this case.

3. Thus, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition.

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