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(영문) 대전지방법원천안지원 2017.08.18 2015가합102401
공사대금
Text

1. Defendants A and B shall jointly and severally pay to the Plaintiff KRW 269,50,000 and the interest rate from December 2, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On November 27, 2013, the Plaintiff concluded a contract for fire-fighting system installation works (hereinafter “instant construction contract”) between Defendant A and Defendant A, setting the construction cost of KRW 245,00,00 for the fire-fighting system installation works of the ASEAN-si building owned by the said Defendant (hereinafter “instant wedding building”); and the construction period from November 27, 2013 to May 31, 2014 for the fire-fighting system installation works (hereinafter “instant construction contract”).

On the same day, Defendant B guaranteed Defendant A’s obligation to pay construction price under the instant construction contract on the same day.

B. On August 2014, the Plaintiff entered into an agreement with Defendant A and B regarding the instant construction contract (hereinafter “instant agreement”) with the following terms and conditions (hereinafter “instant agreement”).

In relation to the instant construction contract, the Plaintiff shall conduct fire-fighting system installation works at the Plaintiff’s expense, but Defendant A and B shall pay to the Plaintiff KRW 269,50,000 (including value-added tax) within one month after the completion of the said construction works.

As to the payment method of the above construction cost, consultation shall be made as follows:

1. Defendant A and B shall apply for loans to financial institutions as security within ten days after the completion of fire-fighting system installation works for the wedding building of this case;

2. Defendant A and B shall cooperate directly with the Plaintiff to pay to the Plaintiff KRW 269,50,000,00 of the amount of the loan granted in consultation with the financial institution at the time of the application for the above loan. If Defendant A and B fail to comply with the above agreement, the amount calculated at the rate of 25% per annum from the completion date of the fire-fighting system installation works for the above building to the day of full payment shall be paid.

C. On October 14, 2014, the Plaintiff completed all fire-fighting system installation works on the instant wedding building in accordance with the instant construction contract and agreement, and on December 2, 2014, approved the use of the said building.

Defendant A and B shall pay the construction cost to the Plaintiff in accordance with the instant construction contract and agreement.

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