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(영문) 제주지방법원 2019.12.02 2019가단3331
공사대금
Text

1. The Defendant’s KRW 86,860,00 for the Plaintiff and KRW 15% per annum from May 8, 2019 to May 31, 2019.

Reasons

1. On September 15, 2015, the Defendant entered into a contract with C Co., Ltd. (hereinafter “Co.”), stating that “The Defendant entered into a contract with C for the construction of a new hotel on the ground of D and 1 lots of land at Jeju, setting the construction period to C by March 30, 2016, with the payment of KRW 2,057,00,000, which is set as KRW 2,057,000.”

On the other hand, C subcontracted F Co., Ltd. (hereinafter “Co., Ltd.”) the facility cost of the said new construction to F Co., Ltd. as KRW 179,300,000.

The Plaintiff is a fire-fighting facility construction businessman registered pursuant to Article 4 (1) of the Fire-Fighting System Installation Business Act, and the Defendant entered into a contract with the Plaintiff on December 10, 2015 with the Plaintiff on the condition that the Defendant set the cost of the fire-fighting facility construction among the E hotel construction works as KRW 86,860,000 for the construction period until April 30, 2016 and the contract with the Plaintiff.

At the time F introduced the Plaintiff to the Defendant.

The Plaintiff and the Defendant determined the payment method under the above contract as “cash payment within one month after the completion of fire-fighting.”

The plaintiff completed fire-fighting facility works within the above construction period, and on August 22, 2016, issued a certificate of completion of fire-fighting facility works by the Jeju Special Self-Governing Province Fire-Fighting Unit.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1, 3, and 5, the purport of the whole pleadings

2. According to the facts finding the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 86,860,000 for fire-fighting facility works and damages for delay from the next day after the delivery of the copy of the complaint of this case sought by the Plaintiff, except in extenuating circumstances.

3. Defendant’s assertion

A. 1) The summary of the claim is that the Plaintiff did not actually conclude a contract with the Plaintiff, and the Plaintiff appears to have re-subcontracted the part of the fire-fighting facility works from F. The Defendant was urgently required to start the construction work and affixed a seal to the Plaintiff’s written contract for fire-fighting facility works (No. 1).

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