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(영문) 수원지방법원안산지원 2019.05.15 2017가단22414
공사대금
Text

1. Defendant D’s KRW 40,000,000 as well as 6% per annum from March 27, 2018 to May 15, 2019.

Reasons

1. Facts of recognition;

A. On February 18, 2014, Defendant B Co., Ltd. (at the time, “E” was changed to the name as of January 12, 2015; hereinafter “Defendant Company”) determined the construction cost as KRW 400 million to the Plaintiff on February 18, 2014, with regard to the payment method for the construction cost as follows.

(1) The payment of the construction price is made on June 1, 200.

(a) No advance payment;

(b)(1) The sale of portion completed after completion of the sampling (ground 2/tel, ground 3/urban-type housing) after completion by up to five floors of the structural construction, and the payment of the construction cost (as for the sale of portion completed after sale) shall be made at the end of each month and the payment of the completed portion by the 15th day of the following month.

B. Defendant D jointly and severally guaranteed the Plaintiff’s obligation to pay the construction price to the Plaintiff under the instant contract.

[Ground of recognition] Unsatisfy, Gap evidence No. 1 and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Plaintiff completed the primary construction work and the secondary construction work equivalent to KRW 40 million under the instant construction contract, and the Defendants jointly and severally are liable to pay the Plaintiff the total amount of KRW 65 million and damages for delay.

B. 1) Determination as to the cause of the claim 1) If the Plaintiff’s completion of the construction work equivalent to KRW 65 million, first of all, added the purport of the entire pleadings to the first construction work in the Health Team, Gap evidence Nos. 3, 4, and Eul evidence Nos. 1 to the purport of the whole pleadings, the Plaintiff requested the Defendants on June 30, 2014 to conduct the first final inspection including the amount of construction 10.11%, the amount of construction 4,470,000 won (value added tax). The Defendant Company applied for the first final inspection to the owner, including the portion completed by the Plaintiff on July 8, 2014. According to Article 17(1) of the instant construction contract, the Plaintiff requested the inspection of the completed works.

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