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(영문) 인천지방법원부천지원 2015.08.26 2013가합10474
공사대금
Text

1. Defendant A Co., Ltd. and Masters Construction Industry Co., Ltd. are jointly and severally liable to the Plaintiff for KRW 128,000,000 and the aforementioned amount.

Reasons

1. Facts of recognition;

A. On April 1, 2012, Defendant A entered into a contract for the construction of the instant building (hereinafter “instant contract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) in order to construct neighborhood living facilities (hereinafter “instant building”) on the instant land (hereinafter “instant land”) as the owner of the instant land at Yangju-si Co., Ltd. (hereinafter “instant subcontract”). On April 30, 2012, Defendant A entered into a subcontract on metal and windows (hereinafter “instant subcontract”) among the new construction of the instant building between the Plaintiff and the Plaintiff on April 30, 2012, the subcontract price was 176,00,000,000 won (including value-added tax) and the construction period was ranging from May 1, 2012 to July 30, 2012.

B. Although the Plaintiff had completed the subcontracted project under the instant subcontract, it did not still undergo a completion inspection on the instant building, there is no dispute between the parties as to at least that the Plaintiff completed the subcontracted project.

There is still no amount of KRW 128,000,000 (hereinafter “instant subcontract consideration”) from the Defendants.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Claims against Defendant A and Master Crafts Construction;

A. According to the above facts of the determination on the cause of the claim against Defendant A, Defendant A, the contractor of the instant subcontract, is obligated to pay the Plaintiff the unpaid subcontract price of KRW 128,000,000 and the delay damages therefor under the instant subcontract, barring any special circumstances. 2) The Defendant’s assertion as to the Defendant A’s assertion is asserted.

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