(영문) 광주지방법원 2019.01.18 2018나3485 | 리걸엔진

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(영문) 광주지방법원 2019.01.18 2018나3485

공사대금

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant shall be jointly and severally with limited liability companies C to the plaintiff.

Reasons

1. Basic facts

A. On January 2017, the Plaintiff concluded a contract with the Defendant to complete the construction work of the mutual assistance facilities for KRW 20,297,200 among the construction work of the Seo-gu Seoul Building (hereinafter “instant construction work”).

B. On April 12, 2017, the Defendant issued a tax invoice to the Plaintiff by designating a limited liability company C (hereinafter “Nonindicted Company”) which is the contractor of the instant construction project as the recipient of the instant construction project and paid the construction price immediately by the non-party company. Accordingly, the Plaintiff prepared a construction contract for the construction project with the non-party company as the contractor and the Plaintiff as the contractor, and issued a tax invoice to the non-party company as the recipient of the non-party company.

C. However, the Plaintiff failed to receive the construction cost from the Nonparty Company, and the Defendant expressed his intent to pay the construction cost to the Plaintiff.

【Ground for Recognition: Unsatisfy, Entry in Evidence A, Evidence Nos. 1, 2, 3, and 6, and the purport of the whole pleadings】

2. According to the above facts of determination, the Defendant is jointly and severally liable to pay the Plaintiff the construction cost of KRW 20,297,200 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act from April 13, 2017 to January 26, 2018, which is the day following the payment date of the above construction cost, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

3. Thus, the plaintiff's claim shall be accepted on the ground of its reasoning, and since the judgment of the court of first instance is unfair on the ground of its conclusion, the part against the defendant in the judgment of first instance shall be revoked and the payment of the amount stated in the order shall be ordered to the

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