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Reasons
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(영문) 서울중앙지방법원 2015.02.13 2014가단5067877
하도급대금 등
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 22 million and the Defendant Daeung General Construction Co., Ltd. on the said basis.

Reasons

1. Facts of recognition;

A. On May 30, 2013, the Plaintiff’s construction period for the fire-fighting construction works among the Agsan-si Factory Extension Works (hereinafter “instant fire-fighting works”) among the Agyang-si 819 Agyang-si, the ordering person, from June 1, 2013 to June 1, 2013 (hereinafter “instant fire-fighting works”).

9. up to 30.30. The contract amount was set forth as KRW 220,000 as the contract amount.

B. On June 5, 2013, the Defendant Company entered into a contract on the payment guarantee of subcontract consideration with Defendant Construction Mutual Aid Association (hereinafter “Defendant Mutual Aid Association”) with the effect that if the Defendant Company delays the payment of the price to the Plaintiff, the Defendant Company would pay the price to the Plaintiff within the limit of KRW 216,393,440, the amount guaranteed to the Plaintiff. The Defendant Mutual Aid Association issued a written payment guarantee of subcontract consideration to the Plaintiff.

C. On September 17, 2013, the Plaintiff completed the instant fire-fighting construction, and issued a certificate of fire-fighting facility completion from the ASEAN-do fire station on September 17, 2013, but the Defendant Company did not pay the construction cost. As such, on September 27, 2013, the Plaintiff demanded the Defendant Association to pay KRW 220 million.

The Plaintiff received KRW 154 million from the Defendant Company until December 31, 2013. Around March 3, 2014, the Defendant Union notified the Plaintiff of the remaining construction cost of KRW 44 million and deposited KRW 4 million on May 29, 2014, and the Plaintiff recovered the deposit.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 4 through 9, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff the remaining construction cost of 22 million won and damages for delay.

B. Determination on the assertion of the Defendant Union is first made by the Defendant Union.

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