logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.06.29 2016가합1317
공사대금
Text

Defendants are jointly and severally liable to the Plaintiff for KRW 318,60,000, and Defendant B from October 19, 2016.

Reasons

1. Facts of recognition;

A. A. Around January 2, 2016, the Plaintiff: (a) performed a new construction project of the D Housing Complex (six units) by being awarded a contract from Defendant A Co., Ltd. (formerly: C Co., Ltd.; hereinafter “Defendant A”); (b) settled the construction cost of Defendant A and the construction cost as KRW 368,60,000 (including value-added tax) on June 2016; and (c) agreed to receive the remainder of KRW 318,60,000,000, excluding the value-added tax paid as progress payment, on two occasions by August 31, 2016.

B. Defendant U.S. Construction Co., Ltd. and Defendant B jointly and severally guaranteed the obligation to pay the construction price to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts, the Defendants are jointly and severally liable for payment of KRW 318,60,000 due to the payment of the construction cost to the Plaintiff and for this, the Defendants are served with a duplicate of each complaint of this case (Defendant B shall be served on October 19, 2016; Defendant UB construction shall be served on October 20, 2016; Defendant A shall be liable to pay damages for delay calculated at the rate of 15% per annum from October 20, 2016 to the date of full payment ( April 1, 2017) to the date of full payment.

(Judgment without Oral Proceedings against Defendant A and B: Article 208(3)1 of the Civil Procedure Act No. 3.3. Thus, each claim against the Defendants by the Plaintiff against the Defendants is reasonable, and it is so decided as per Disposition.

arrow