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(영문) 인천지방법원 2017.07.19 2016가단57306
공사대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 65,00,000 and Defendant B with respect thereto from January 1, 2016 to February 27, 2017.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Gap evidence Nos. 1-3, 2014, the Plaintiff entered into a contract (hereinafter “instant contract”) with the defendant Eul’s agent on October 5, 2014, with the cost of construction for the construction of the second floor detached house (hereinafter “instant building”) on Ansan-si D’s ground, as the cost of construction for the construction of the second floor detached house on October 30, 2015 from October 5, 2014 to January 20, 2015; although the Plaintiff completed the construction on January 4, 2015, the Plaintiff was not yet paid KRW 65,000,000 out of the cost of construction; and Defendant C failed to pay the remaining amount of KRW 65,00,000,000 to the Plaintiff on July 4, 2015.

The Defendants asserted that Defendant C is unrelated to Defendant B, since all of the work was carried out by Defendant C.

However, in full view of the circumstances such as the fact that Defendant C entered into the instant contract as the agent of Defendant B, that Defendant C is the father of Defendant B, and that Defendant B acquired the ownership of the instant building and its site on January 26, 2015 after the completion of the instant construction, and that the moving-in report was also made on the instant building, it is reasonable to deem that the instant contract has its effect on Defendant B.

Therefore, Defendant B and Defendant C, who prepared a written non-performance note on the remaining amount of the contract of this case, are jointly and severally liable to pay to the Plaintiff the remaining construction cost of KRW 65,00,000 and damages for delay calculated by the rate of 5% per annum as stipulated by the Civil Act from January 1, 2016 to the delivery date of a copy of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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