logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.04.27 2017가합1589
공사대금
Text

1. The Defendants shall jointly and severally serve as KRW 177,00,000 on the Plaintiff and as a result, from January 21, 2017 to April 27, 2018.

Reasons

1. Facts of recognition;

A. On November 8, 2016, the Plaintiff and Defendant A entered into a construction contract with the following terms and conditions (hereinafter “instant contract”).

The actual effect of the Plaintiff A: The actual effect of the Plaintiff A: The actual effect of the Plaintiff A: The date of completion of the construction of the steel structure, board, metal and windows, and glass construction (hereinafter “instant construction”): The actual contract amount on January 15, 2017: the actual contract amount of KRW 297,00,000 (including value-added tax): The payment method of the actual cost: The payment method of the first progress payment of KRW 80,000,000 when the panel enters into one wall after the completion of the three parts: the payment of the first progress payment of KRW 80,000,000 for the first time when the panel enters into one wall, and the second progress payment at the time of the internal wall panel contract, within five days after mutual adjustment and completion of the payment.

B. Around that time, Defendant B guaranteed the obligation to pay the construction cost to the Plaintiff according to the instant contract.

C. On January 15, 2017, the Plaintiff completed construction under the instant contract, and Defendant A completed registration of initial ownership in relation to a factory building completed on February 21, 2017.

On December 14, 2016, Defendant A paid KRW 80,000,00 to the Plaintiff. Defendant B paid KRW 10,000,000 to the Plaintiff on May 31, 2017, and KRW 30,000,000 on June 13, 2017, respectively.

[Ground of recognition] A: A without dispute over Defendant A; Gap evidence Nos. 1 through 6 (including branch numbers for those with branch numbers; hereinafter the same shall apply); the purport of the whole pleadings as to Defendant B: A confession pursuant to Article 150(3) of the Civil Procedure Act

2. Determination

A. According to the above facts, Defendant A is obligated to pay the construction cost to the Plaintiff in accordance with the instant contract, and Defendant B is a joint and several surety for the above construction cost of Defendant A, and is jointly and severally liable to pay the construction cost to the Plaintiff with Defendant A.

B. As to this, Defendant A asserts that the parties to the instant contract are Defendant B, and Defendant A merely lent only the name to Defendant B.

Therefore, Defendant A is the only entry of the evidence Nos. 1 to 6.

arrow