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(영문) 대구지방법원 2020.08.18 2019가단18744
공사대금
Text

The Defendants jointly and severally agreed with the Plaintiff KRW 58,850,000 and with respect thereto, 5% per annum from March 21, 2019 to August 18, 2020.

Reasons

1. Facts of recognition;

A. On May 16, 2018, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with Defendant C, who actually operates a construction business entity “D”, with the content that Defendant C, a representative of D, subcontracted to the Plaintiff the 53,500,000 won of the cost of the construction of freezing storage steel found out of the construction works in the Y-si E in the Y-si where the construction was contracted to the Plaintiff.

B. On January 23, 2019, Defendant C entered into an agreement on construction contract (hereinafter “instant agreement”) with the effect that “I will pay the Plaintiff the amount of KRW 53,500,000, and the said amount to March 20, 2019” in relation to the instant contract.

C. The Plaintiff completed the freezing framed construction.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3, and 4, the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Plaintiff completed the freezing steel construction stipulated in the instant contract, and the Defendants are jointly and severally liable to pay 58,850,000 won and delay damages to the Plaintiff, including the value-added tax stipulated in the instant construction contract, unless there are special circumstances.

3. Judgment on the defendants' assertion

A. The construction of the instant contract’s assertion by the Defendants includes not only the freezing steel construction but also the guard-dong steel construction. Since the Plaintiff did not complete the guard-dong steel construction, KRW 11,109,550, the amount of the guard-dong steel construction should be deducted.

B. We examine whether the instant contract includes a guard-dong steel frame construction, and the following circumstances revealed in accordance with the above recognition: (i) the construction content of the instant contract is “Fresh Iron Construction”; and (ii) there is no indication of the guard-dong steel construction; and (iii) Defendant C is only the freezing steel construction under the instant contract.

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