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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2013.10.17 2013가단109281
공사대금 및 물품대금
Text

1. The Defendant: 35,472,900 won to Plaintiff A; 34,950,000 won to Plaintiff B; 8,400,000 won to Plaintiff C; and 6,000 won to Plaintiff D.

Reasons

1. Facts of recognition;

A. On July 26, 2011, the Defendant contracted to G Co., Ltd. (hereinafter “G”) with the cost of KRW 1.277 billion (hereinafter “instant construction”) on the ground-based housing construction project, including Seongbuk-gu Seoul, for the construction period of KRW 1.27 billion and within 190 days from the date of removal of the construction period.

G subcontracted the instant construction project to several comprehensive construction companies (hereinafter referred to as “comprehensive construction”).

나. 수인종합건설은 이 사건 공사 중 샷시등 금속공사를 원고 A에게, 보일러 및 화장실공사를 원고 B에게, 가스설비공사를 원고 C에게, 엘리베이터공사를 원고 D에게 각 하도급하였고, 원고 E으로부터 건축자재를 납품받았다.

C. During the process of the instant construction project, several contractors, including the Plaintiffs, discontinued the instant construction project, around July 2012, and the contractors of multiple comprehensive construction, including the Plaintiffs, discontinued the instant construction project.

On November 27, 2012, the defendant promised that the contractor, including I, the representative of G, and the plaintiffs, will pay the construction cost.

Accordingly, contractors, including the Plaintiffs, resumed the instant construction, and completed the instant construction work on or around February 22, 2013.

E. The construction cost or price for goods not paid in relation to the instant construction project is KRW 35,472,90 for Plaintiff A, KRW 34,950,00 for Plaintiff B, KRW 8,400 for Plaintiff C, KRW 6,000 for Plaintiff D, and KRW 6,712,60 for Plaintiff E.

[Ground of recognition] Evidence Nos. 1 through 11, Evidence No. 15, Witness I's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that the defendant promised to pay directly the price of sewage and the price of goods of the instant construction work to the plaintiffs on November 27, 2012. Accordingly, the plaintiffs are obligated to pay the price of construction and the price of goods that the plaintiffs have not received.

In regard to this, the defendant did not have made a promise as argued by the plaintiffs.

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