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(영문) 수원지방법원 2016.01.14 2015가합4859
공사대금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd.: (a) KRW 290,762,00; and (b) from July 1, 2014 to June 12, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of sports facility business, etc., and Defendant A (hereinafter “Defendant A”) is a company established for the purpose of sports facility business, etc., and Defendant B is the representative director of Defendant A.

B. On February 17, 2014, the Plaintiff entered into a contract for construction works with Defendant A to perform the construction work cost of KRW 363,660,00 (including value-added tax) and the construction period from February 17, 2014 to March 31, 2014 (hereinafter “instant sports center”). The Plaintiff entered into a contract for construction works with Defendant A (hereinafter “instant sports center”) to perform the construction works for indoor storages and ancillary facilities (hereinafter “instant construction works”). The contract for construction works to modify the construction period from February 17, 2014 to June 30, 2014.

(hereinafter referred to as the “instant construction contract” in total, including the above construction contract and the construction contract modification contract.

On March 1, 2014, the Plaintiff entered into an additional contract for construction works with Defendant A and the construction cost of KRW 46,200,00 (including value-added tax); the construction period from March 1, 2014 to June 30, 2014 (hereinafter “the instant interior works”); and each of the instant construction works (hereinafter “each of the instant construction works”). D. The Plaintiff entered into an additional contract for the instant interior construction works (hereinafter “the instant interior construction works”); and the instant construction contracts and interior construction contracts, including the instant construction works and interior construction works.

The Plaintiff continued construction in accordance with each of the instant construction contracts, and Defendant A paid a total of KRW 119,098,000 to the Plaintiff three times as the construction price until April 17, 2014.

E. Meanwhile, on January 20, 2015, Defendant B jointly and severally guaranteed KRW 290,762,000 among the construction cost obligations against the Plaintiff by Defendant A.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff and Defendant A set the construction cost as KRW 363,660,000 (including value-added tax) and the construction period on February 17, 2014.

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