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(영문) 부산지방법원동부지원 2015.08.28 2014가합101773
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 332,670,00 and 5% per annum from March 21, 2013 to August 28, 2015.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff is engaged in interior interior decoration and remodeling works, etc. with the trade name of “D,” and Defendant B is the owner of “Fel” located in Kimhae-si E (hereinafter “instant cartel”), and Defendant C entered into a contract for remodeling construction with the Plaintiff on behalf of Defendant B.

B. Around August 10, 2010, G entered into a construction contract with Defendant B’s agent for the Plaintiff to obtain a contract for remodeling construction of the instant franchise (hereinafter “instant construction contract”) (hereinafter “instant construction contract”) on behalf of the Plaintiff, and Defendant C also assumed liability under the instant construction contract with Defendant B.

(2) The main contents of the construction contract, which was entered into between the Plaintiff and the Defendants, are as follows.

Gong600,000,000

1. The name of the construction work: The construction work opened at the start of the river;

2. Period: From August 10, 2012 to December 20, 2012.

4. Contract amount: Value-added tax of KRW 1,200,000 (Won 1,200,000,000): One hundred and twenty million won (Won 120,000,000).

6. The timing and method for the payment of any balance: The Plaintiff and Defendant B shall preferentially settle the total amount of expenditure at the time of open (Submission by contract for warranty of defects) after the completion of the construction work, and the balance of the construction works shall be settled after verification of defects at the time of selling the building;

8. Rate of liquidated damages: 1/1,000 of contract amount. (The completion of construction works shall be from the beginning date of business)

9. Other matters.

1. The bank loan interest of HMour (F), daily 400,000 won (Korean bank) and public charges within the construction period shall be paid in D.

3. The settlement of completed portion related to the construction work shall be completed in consultation between G as a joint representative and Defendant C as a joint owner agent.

August 10, 2012

C. (1) The Plaintiff’s conclusion of the subcontract is that: (a) an external design construction among the instant construction works (date of completion, November 30, 2012) is the I; and (b) an internal painting construction work (date of completion, December 30, 2012).

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