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(영문) 인천지방법원 2016.03.30 2015가단41229
공사대금
Text

1. The Defendant: (a) KRW 32.57 million and the Plaintiff’s 20% per annum from June 24, 2015 to September 30, 2015; and (b).

Reasons

1. The parties' assertion

A. From March 10, 2013 to July 26, 2013, the Plaintiff asserted that the Defendant was in charge of a molding hole among reinforced concrete construction works of the instant construction project (a building building construction project of reinforced military C) that is the owner of the building. After completing construction on July 26, 2013, the Plaintiff received the instant settlement statement (Evidence A 1) to receive the remainder of KRW 32.57 million from D, a de facto husband and the agent of the Defendant, by August 20, 2013. Therefore, the Defendant is obligated to pay KRW 3,257 million to the Plaintiff and delay damages therefrom.

B. The Defendant asserted that the instant construction was awarded a contract for KRW 1.2 billion to E (hereinafter “E”) on March 20, 2012, and that the instant construction was completed and paid to E in full on May 2014. D prepared the instant settlement statement in the sense of confirming the Plaintiff’s construction price as the field director, rather than the meaning of the Defendant’s agent or the Defendant’s joint and several guarantee for the Plaintiff’s construction price, and therefore, the Plaintiff or the Plaintiff should be paid the said construction price from the F (G, etc.) who subcontracted the instant construction work.

2. Facts of recognition;

A. On March 20, 2012, the Defendant concluded a contract for the instant construction work with E as the construction cost of KRW 1.2 billion, the date of commencement, July 27, 2012, and December 31, 2012, and E subcontracted the instant construction work to H during the instant construction work, and H re-subcontracted the instant reinforced concrete mold to the Plaintiff.

B. D was in charge of the instant construction as the head of the E site headquarters on March 30, 2012 due to de facto marital relationship with the Defendant.

C. D is a joint and several surety of the Defendant, the owner of the building, who is a joint and several surety of the Defendant, and "I", and "I" pay I a loan of KRW 340 million to I, and construction cost of KRW 360 million to F until April 4, 2014, and F and I pay the same by April 4, 2014, and the collateral security and provisional registration set up in 18 households of multi-household housing newly constructed by the instant construction.

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