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(영문) 부산지방법원동부지원 2017.04.12 2016가단2354
공사대금
Text

1. Defendant B shall pay to the Plaintiff KRW 32 million and the interest rate of KRW 15 percent per annum from January 8, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. around August 10, 2015, Defendant B awarded a contract to the Defendant for the cost of KRW 62,080,000 for the interior repair work of the third floor building located in Suwon-gu, Busan, the ownership of Defendant C, and the Defendant completed the said work around September 2015.

B. Defendant B paid the Plaintiff KRW 30,000,000 out of the construction price by September 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant B is obligated to pay to the Plaintiff the remainder of the construction cost at the rate of 15% per annum from January 8, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case, to the day of full payment.

B. The Plaintiff asserted to the effect that Defendant C is jointly and severally liable to pay the construction cost, since the Plaintiff requested repair work with Defendant B, but it is insufficient to recognize the above assertion only with the written evidence Nos. 2 and 5, and there is no other evidence to support the fact that Defendant C requested the above construction work to the Plaintiff.

3. The plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit.

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