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(영문) 수원지방법원 2020.02.05 2019가단11094
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 59,850,000 and the interest rate thereon from July 4, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 2016, the Defendants contracted the instant construction work to E Co., Ltd. (hereinafter “E”) with G-based F and G ground-based multi-family house 2 (hereinafter “instant construction work”).

B. On April 5, 2017, the Plaintiff, a company engaged in stone processing and stone industry, supplied sewage for the part of the instant construction work from E, and completed the construction work on April 29, 2017.

C. On July 17, 2017, H (the Defendant’s relatives) and E drafted a written confirmation of payment that “within one month after the completion of construction work price of KRW 59850,000,000 executed by the Plaintiff, the owner of the building is directly paid and guaranteed by E” (hereinafter “instant payment certificate”), which was issued to the Plaintiff via E around that time.

The instant construction was completed at the end of February 2018.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendants agreed to pay the Plaintiff, the subcontractor of the part of the instant construction work, as the owner of the instant construction work, through the instant payment confirmation.

Therefore, the Defendants jointly and severally submitted a summary of the reply on July 3, 2019 when it was evident that the date following the final delivery of the copy of the instant complaint, as sought by the Plaintiff, to the Plaintiff as to the construction cost of KRW 5,9850,000,000, and that it was the day after the final delivery of the copy of the instant complaint, and the said Defendant did not serve the Defendant D with the copy of the instant complaint. On July 3, 2019, the said Defendant is deemed to have been served with the duplicate of the instant complaint.

Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the date of full payment to the date of full payment, Article 2(2) of the Addenda to the Act on Special Cases concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019).

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