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(영문) 인천지방법원 2018.08.14 2017가합55328
공사대금
Text

1. Defendant E Co., Ltd. shall pay to Plaintiff A KRW 117,00,000 and interest thereon from June 27, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The parties concerned are those who perform landscaping work, such as brick Stockpiling and installation of steel products, and the plaintiffs B are those who perform sprinking work and waterproof work, and the plaintiff C is the spouse of the plaintiff B.

Defendant D Co., Ltd. (hereinafter referred to as “D”) is a corporation with the purpose of repairing and reinforcement of structures, building reconstruction projects, etc., and Defendant E Co., Ltd. (hereinafter referred to as “E”) is a corporation with the purpose of engineering work business, building work business, etc.

B. On June 15, 2015, Plaintiff B and A’s respective construction contracts were concluded, and Plaintiff B and the Government G of Defendant E on June 15, 2015 (hereinafter “G”).

(i) 121,00,000 won contract amount with respect to the tidal, aesthetic and waterproof works during the new construction; the contract amount shall be paid in the following month after the end of each month; 50% cash payment; and the cash payment within 60 days after the completion of 50% of the balance (as regards the remainder, the contract form for the sale of the building shall be issued as security goods and recovered after the payment of the balance.

(2) On April 1, 2016, Plaintiff B entered into a waterproof construction contract with Defendant D to the effect that the contract amount of KRW 143,00,000 is to be entered into with respect to a construction project, such as waterproof, aesthetic, sculpture, and sprinking of the Government H (hereinafter “H”), and that the construction period shall be from April 1, 2016 to June 10, 2016; the construction period shall be from April 1, 2016 to June 10, 2016; and the construction cost shall be paid within 60 days after completion (the cash ratio shall be 40%, and 60% after completion).

3) On May 29, 2016, Plaintiff B called Defendant D and Gyeonggi Yang-si (hereinafter “instant IB”) (hereinafter “instant IB”).

(4) On May 31, 2016, Plaintiff A contracted for a waterproof construction project with the contract price of KRW 117,00,00,000; the construction period from May 29, 2016 to March 31, 2017; and the construction period was from May 29, 2016 to March 31, 2017; and the construction cost was paid as a substitute after completion; and (4) Plaintiff A entered into a waterproof construction contract with Defendant D and the instant IG loan with the contract price of KRW 117,00,00 on May 31, 2016; the construction period was from May 31, 2016 to March 30, 2017; and the construction price is the substitute after completion.

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