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(영문) 서울중앙지방법원 2015.06.12 2014가단192242
공사대금
Text

1. Defendant C shall pay to the Plaintiff KRW 35,00,000 and 20% per annum from March 14, 2015 to the date of full payment.

Reasons

1. According to the purport of Gap's evidence No. 1 and all pleadings as to the claim against defendant C, the plaintiff is obligated to pay from defendant C a subcontract for sanitary facility works among the newly built construction works of E-unit housing in the amount of KRW 140,800,00,00, and the construction work was completed around around 2011, but it still has not been paid KRW 35,00,000,000 out of the construction cost. As such, the defendant C is obligated to pay to the plaintiff the damages for delay calculated at the rate of 20% per annum from March 14, 2015 to the date of full payment, which is the day following the delivery date of a copy of the complaint in this case.

2. The Plaintiff’s determination on the Plaintiff’s claim against Defendant B and D asserted that the construction cost should not be paid even after the completion of the construction of the facilities among the construction of the new apartment house owned by Defendant C, and that Defendant B and D, the owner of the said apartment house, should pay the unpaid construction cost to the Plaintiff. However, the Plaintiff bears contractual liability under the contract solely on the ground that the owner of the goods completed under the contract was the owner of the goods completed under the contract

(2) The Plaintiff’s claim against the said Defendants is without merit, solely on the ground that the Defendants B and D had paid part of the construction cost. Thus, the Plaintiff’s claim against the said Defendants cannot be deemed to have promised to pay the remainder of construction cost.

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