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(영문) 인천지방법원 2017.09.27 2015가단67207
공사대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 7,920,00 as well as its annual interest from December 10, 2015 to September 27, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the construction business of windows or metal in the trade name of “D.”

Defendant B (hereinafter “Defendant Company”) is a corporation established on August 9, 2013 and engaged in indoor construction business, etc., and Defendant C is the representative director of the Defendant Company.

An amount under the contract for the construction work (including value-added tax) 1 from July 9, 2014 to the construction work title contract for the construction work, the reinforcement of 46,200,000 won among the construction works for the new building of the NAF 2013 no contract for the FM construction work on October 2013, 309 no contract for the construction work for the construction of the FM 2014, 4.9. There is no contract for the construction works for the Defendant Company’s Changho and metal construction work.

B. The Plaintiff, at the request of the Defendant Company, did the following construction work.

C. The Defendant Company closed its business on March 31, 2016.

[Reasons for Recognition] Facts without dispute, Gap 1-5 evidence, Eul 1-4 evidence (including each number; hereinafter the same shall apply), the witness H's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The construction price Nos. 1 to 4 is KRW 42,900,00, KRW 15,180,000, KRW 11,000,000, and KRW 10,000, in total, KRW 79,080,00 in order.

Since Defendant Company paid KRW 51,890,000 to the Plaintiff, it is obligated to pay the remainder of KRW 27,190,000 and delay damages therefor.

Since Defendant C was merely an individual company of Defendant C and thus becomes a legal personality, Defendant C also has a duty to pay each of the construction costs of this case jointly and severally with Defendant C.

B. Defendant C is only the representative director of the Defendant Company, and is irrelevant to each of the instant construction works between the Plaintiff and the Defendant Company.

The amount of the contract for the construction work No. 1 is set by inserting the items and quantities at the request of the plaintiff.

After completion, the defendant company's actual construction cost was 28,600,000 won, and the defendant company paid all of them.

Of the No. 2 construction works claimed by the Plaintiff, the construction cost of “the external structure framework for each Dong” was subcontracted to the Plaintiff by I, and thus is irrelevant to the Defendant Company.

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