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(영문) 제주지방법원 2020.06.29 2019가단3966
공사대금
Text

1. The Plaintiff:

A. Defendant D’s KRW 54,100,000 and for this, KRW 5% per annum from January 1, 2018 to August 10, 2019.

Reasons

Basic Facts

On October 10, 2017, the Plaintiff was awarded a contract for electrical construction (hereinafter “instant neighborhood living facilities construction”) from Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) for KRW 36,000,000 among the new construction works of the E neighborhood living facilities at Jeju.

The foregoing corporation obtained approval for use on February 14, 2018.

[Ground of recognition] The Plaintiff’s summary of the Plaintiff’s assertion as to Gap’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1, 2, and 1, and 2, and the purport of the entire pleadings was changed to the contract price of KRW 49,100,000 while the Defendant Company was performing

In addition, the Defendants additionally requested the Plaintiff to pay an amount equivalent to KRW 13,000,000 for F electrical construction.

As above, even though the Plaintiff completed construction work equivalent to KRW 62,100,000 in total contracted by the Defendants, the Defendants paid only KRW 8,000,000 and did not pay the remaining construction cost of KRW 54,100,000.

Therefore, the Defendants are jointly and severally liable to pay the remainder of the construction cost of KRW 54,100,000 to the Plaintiff as well as damages for delay.

The fact that the instant neighborhood living facility construction contract was concluded between the Plaintiff and the Defendant Company regarding the claim against the Defendant Company with the construction cost of KRW 36,000,000 is recognized as above, and the Plaintiff was paid KRW 8,000,000 as part of the construction cost.

(A) The Plaintiff does not specify whether the construction cost has been paid for any construction work, but the Defendant asserts to the effect that the said money was paid for the construction cost of the instant neighborhood living facilities, and the Plaintiff does not specifically dispute this). Therefore, the Defendant Company is liable to pay the Plaintiff the remainder of the construction cost as well as the delay damages therefrom, barring any special circumstance.

Meanwhile, the Plaintiff increased the construction cost of the instant neighborhood living facilities with the Defendant Company in KRW 49,100,000, and the F electrical construction from the Defendant Company is also added.

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