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(영문) 부산지방법원동부지원 2020.01.16 2019가단9073
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 51,472,107 won and the period from October 21, 2018 to October 28, 2019.

Reasons

1. In full view of the Plaintiff’s statement on the Plaintiff’s ground of claim No. 1 and the purport of the entire pleadings, the Plaintiff shall pay in installments the construction price of KRW 50 million from the Defendants from July 11, 2018 until August 20, 2018, KRW 50 million until September 20, 2018, KRW 50 million until September 20, 2018, and KRW 36 million until October 20, 2018.

“The fact that the documents have been prepared can be recognized, and according to the contents and the text of the above documents, the defendants have expressed their intent to jointly and severally pay the above construction cost obligation.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the unpaid amount of KRW 51,472,107 and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from October 21, 2018 to October 28, 2019, the delivery date of a copy of the instant complaint, and 12% per annum from the next day to the day of full payment.

2. As to the determination of the Defendants’ defense, the Defendants asserted to the effect that a large number of defects have occurred in construction works, such as E, F, and G, office houses, and housing, in 2017, which served as the basis for the payment of the said construction cost, but the Plaintiff failed to perform the repair of defects. However, without submitting any specific data or evidence to deem that such defects have occurred, the Defendants’ defense is difficult to accept without further examining other issues.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.

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