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(영문) 부산지방법원동부지원 2019.06.19 2018가합104381
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,748,00,000 and KRW 1,000,000,000.

Reasons

1. Facts of recognition;

A. On December 31, 2017, the Plaintiff was awarded a contract with the Defendants for construction works related to a project to create an industrial complex in the E Group in Kimhae-si, Kim Jong-si in KRW 22,500,000.

B. The Plaintiff and the Defendants annually calculated the construction cost that reflects the origin of the said construction work, and the sum of the construction cost during the period from 2015 to 2017 is KRW 13,096,870,179.

(7,800,000,000 for year 2015, 3,978,000,000 for year 2016, and 1,317,000,000 for year 2017.

The Plaintiff has been paid KRW 11,348,870,179 from the Defendants as the construction cost.

[Ground of recognition] Gap 1-1 to 4, Gap 2-1 to 4, Gap 3-2, 3, Gap 4-2, 3, and 4, and the purport of the whole pleadings

2. According to the above findings of determination, the Defendants jointly and severally and severally liable to the Plaintiff KRW 1,748,00,000 (i.e., fixed construction cost 13,096,870,179 - KRW 11,348,870,179) and one thousand and seven hundred (1,00,000,000 that the Plaintiff seeks after the due date for the payment of KRW 5% per annum prescribed by the Civil Act from February 6, 2018 to September 3, 2018, the delivery date of a duplicate of the complaint of this case, and from February 6, 2018 to December 10, 2018, the Defendants are obligated to pay 15% per annum from the day after the due date to the due date to December 14, 2018 to the due date of filing an application for alteration of the claim and damages for delay from the due date to December 25, 2018, respectively prescribed by Presidential Decree No.

3. The plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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