logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.11.24 2016가단1386
선급금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 16,061,486 and the interest rate of KRW 15% per annum from March 1, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On October 28, 2015, the Plaintiff awarded a contract for the remaining construction works of a factory located in Asan-si (hereinafter “instant construction works”) with the construction cost of KRW 89,000,000 (excluding value-added tax; hereinafter the same shall apply) and the construction period from October 28, 2015 to November 30, 2015, and the Defendant jointly and severally guaranteed the obligation under the said contract.

B. The Plaintiff paid C KRW 30,00,000,000 on October 29, 2015, and KRW 15,000,00 on November 9, 2015, and KRW 15,00,000 on November 15, 2015.

C. C discontinued the instant construction project on December 24, 2014, and at that time the said contract was terminated.

At the time of the discontinuance of the foregoing construction work, the construction cost for the portion of the construction work in excess of KRW 89,00,000 is KRW 45,061,486.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 4 (including branch numbers for those with a branch number; hereinafter the same shall apply), appraiser E’s appraisal result, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant, as a joint guarantor of the instant contract for construction works, is obligated to pay to the plaintiff the amount calculated by the annual rate of 5% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 1, 2016 to the day of full payment, which is the day following the delivery date of a duplicate of the complaint in this case, to the day of complete payment.

In regard to this, the Defendant asserted that the construction was suspended because the Plaintiff did not pay the price for the goods to F, which was 90% of the total process of the instant construction, and that there was no temporary stairs going from the first floor to the second floor of the building, and that there was no cause attributable to C or the Defendant as to the discontinuance of construction. However, among the construction amounting to KRW 89,00,000, C unilaterally discontinued the construction work.

arrow