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(영문) 서울남부지방법원 2020.11.27 2019가단16967
공사대금
Text

The Defendants jointly and severally agreed to the Plaintiff KRW 14,470,960, and the amount shall be 5% per annum from January 16, 2020 to November 27, 2020.

Reasons

1. Basic facts

A. On September 20, 2018, the Plaintiff entered into a subcontract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to the period from October 1, 2018 to November 30, 2018, the period of construction period of construction of an urban-type residential housing construction project, which is KRW 147,40,000 (including value-added tax) among the urban-type residential housing construction projects located in one parcel, located outside of Ansan-si.

(hereinafter referred to as the “instant construction contract”). B.

In accordance with the construction contract of this case, the Plaintiff continued the construction work but the Defendant Company discontinued the construction work from time to time.

On January 10, 2019, Defendant E, who had the owner of the construction, ordered the Plaintiff to pay the unpaid construction cost within KRW 147,400,00 of the above contract amount in the event of a loan for completion.

C. Meanwhile, the Plaintiff received KRW 40,710,000 on November 7, 2018 from Defendant C, KRW 20,000 on January 7, 2019, KRW 5 million on February 13, 2019, respectively, and received KRW 20,000 on April 11, 2019 from Defendant E, and received KRW 20,000,000 from each of the Defendants on April 12, 2019 and received KRW 105,710,000 in total from the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff completed the construction in accordance with the instant construction contract, and the construction cost is a total of KRW 145,180,960 (including value-added tax).

However, among the above construction costs, the Plaintiff received a total of KRW 105,710,000 from the Defendants, and the Defendants are jointly and severally liable to pay the outstanding amount to the Plaintiff KRW 39,470,960 and delay damages.

B. In addition to Defendant E’s reimbursement of KRW 105,710,000, Defendant E’s assertion, Defendant E paid the Plaintiff KRW 20 million via the Defendant Company on December 5, 2018, and KRW 20 million on January 28, 2019, respectively, and Defendant E paid the Plaintiff the construction price.

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