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(영문) 춘천지방법원강릉지원 2019.03.05 2018가단3645
공사대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 50,000,000 and Defendant C Co., Ltd. with respect thereto from September 15, 2018.

Reasons

1. In full view of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1, 2, 3, and 5 through 10 and the video of evidence Nos. 4, Defendant C Co., Ltd. (hereinafter "Defendant C") awarded a contract to the Plaintiff on January 30, 2018 for electricity, telecommunications, fire fighting construction (hereinafter "instant construction") among new construction works, such as a multi-household house, etc. on the Flin-gun, Chungcheongnam-gun, Seoul, and Defendant E Co., Ltd (hereinafter "Defendant E") jointly and severally guaranteed the obligation under the contract of Defendant C. Defendant E Co., Ltd. (hereinafter "Defendant E"). In the above contract, Defendant C concluded that the above construction cost of KRW 70 million out of the construction cost of the above construction cost of KRW 3,00,000,000,000,0000,000 won and paid for progress payment from financial institutions within four days, and Defendant C Co. 16, respectively, Ltd. (hereinafter "the instant agreement").

8. The payment of KRW 10 million out of the above KRW 70 million was made, and on July 28, 2018, the remainder of the construction cost was 75 million and the fact that a written confirmation of direct payment was prepared and issued.

In full view of these facts, it is reasonable to deem that the Plaintiff may claim the payment of the construction cost against the Defendant C pursuant to the instant agreement, and barring any special circumstance, Defendant E who jointly and severally guaranteed the obligation of Defendant C and Defendant C is jointly and severally liable to pay to the Plaintiff the remainder of the construction cost for which the Plaintiff seeks payment according to the fairness rate, and the damages for delay calculated at the rate of 15% per annum from the day after the date of delivery of a copy of the instant complaint, which the Plaintiff sought after the payment date, to the Plaintiff.

2. As to Defendant E’s assertion, Defendant E paid all the construction cost to Defendant C, the Plaintiff.

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