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(영문) 대구지방법원 포항지원 2018.04.27 2017가합440
공사대금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 203,500,000; and (b) from January 1, 2017 to February 13, 2018.

Reasons

1. Basic facts

A. On July 15, 2016, the Plaintiff: (a) received from Defendant B Co., Ltd. (hereinafter “Defendant Company”) a contract amount of KRW 203,50,000 (the amount equivalent to value-added tax of KRW 185,00,500,000) of the construction cost of the instant apartment and the construction work of new apartment and neighborhood living facilities located in Nam-gu, Nam-gu (hereinafter “instant construction work”); and (b) concluded that the ownership of the instant apartment household (202) is transferred instead of the payment of some of the construction cost of the instant case on the same day.

B. On July 2016, the Plaintiff completed the instant construction work.

C. Around December 2016, Defendant C, the owner of the instant apartment, had confirmed that the Plaintiff had the obligation to pay the construction cost of KRW 185,00,000 with respect to the instant construction work, and agreed to transfer the ownership of the instant apartment No. 202 to repay the said obligation.

The Plaintiff was not transferred the ownership of the instant apartment 202 from the Defendants until now, or was paid the construction cost of the instant apartment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the judgment on the cause of the claim, the Defendant Company is obligated to pay the Plaintiff the construction cost of KRW 203,500,000 (including value-added tax) under the agreement and delay damages for the completion of the instant construction work as the contractor.

On the other hand, Defendant C, through an agreement with the Plaintiff, directly bears the remainder of 185,00,000 won, excluding the amount equivalent to value-added tax, out of the construction price of the instant case. Barring any special circumstance, this shall be deemed as an overlapping acceptance of the obligation to KRW 185,00,000 out of the construction price of the instant case. Therefore, Defendant C is jointly and severally liable with the Defendant Company to pay the said KRW 185,00,000 out of the said KRW 203,50,000 and damages for delay.

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