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서울남부지방법원 2019.07.09 2018가단19198
공사대금(보증채무)
Text

1. The Defendant: (a) KRW 44.2 million to the Plaintiff and the Plaintiff’s annual rate of 6% from December 28, 2017 to September 28, 2018; and (b) September 29, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that performs the business of installing and maintaining elevators.

The defendant is the owner of the Gyeonggi-do Ground Housing Corporation, and the E Co., Ltd. (hereinafter referred to as the "E") is the contractor of the above Corporation.

On May 17, 2016, the Plaintiff was awarded a contract for the installation work of the elevator for the said house (hereinafter “instant construction”) with E in the cost of KRW 124 million.

B. On November 8, 2017, the Plaintiff completed the instant construction work.

The Plaintiff was paid KRW 7,98 million from E on October 12, 2016 and KRW 7,98 million on August 25, 2017.

On February 7, 2018, the Plaintiff filed a lawsuit against E seeking the remaining construction cost of KRW 44.2 million and its delay damages.

(Seoul Southern District Court 2018Gadan2916).

On March 28, 2018, the Plaintiff, E, and the Defendant drafted a “written consent to the payment of the outstanding amount of the instant construction work on behalf of the Defendant in the event that E is unable to pay the outstanding amount of the construction work by May 30, 2018” (hereinafter “instant written consent to the payment of the outstanding amount”). D.

On June 5, 2018, the Plaintiff was rendered a favorable judgment against E. The judgment became final and conclusive on June 30, 2018, but E did not pay the construction price to the Plaintiff up to the day.

[Reasons for Recognition] Facts without dispute, Gap 1 to 8 evidence, Eul 2 evidence, the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, according to the written consent for direct payment in this case, the Defendant claimed against the Plaintiff for payment of KRW 44.2 million on behalf of the Plaintiff on December 28, 2017 through September 28, 2018 (the date on which the Plaintiff seeks delivery of the copy of the complaint in this case to the Defendant), 6% per annum from February 19, 2018, which is the delivery date of the copy of the complaint in the judgment, and damages for delay under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, but the Defendant has paid 6% per annum from September 28, 2018, “the delivery date of the copy of the complaint in this case,” which is “the delivery date of the copy of the complaint in this case.”