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(영문) 인천지방법원부천지원 2020.04.29 2020가합100139
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 531,130,000 and the interest rate thereon from November 14, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. On February 15, 2017, the Plaintiff entered into a subcontract for construction works with the Defendants (hereinafter “instant subcontract”) with the content that the Defendants would accept a subcontract for construction works with the construction cost of KRW 645,70,00 (including value-added tax) until May 31, 2017 with respect to the portion of civil engineering works among the “Incheon D Works” performed by the Defendants.

B. The Plaintiff completed construction work under the instant subcontract.

C. The Plaintiff was not paid KRW 531,130,000 (including value-added tax) among the construction price under the instant subcontract by the Defendants.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including additional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants, as joint contractors, are jointly and severally liable to pay the Plaintiff the amount of 531,130,000 won unpaid and the damages for delay calculated at the rate of 12% per annum from November 14, 2019 to the date of full payment, as the Plaintiff seeks.

B. The Defendants asserted that the Defendants did not pay the construction price to the Plaintiff because they failed to receive the construction price from the enforcement company.

However, in light of the contents of the instant subcontract, it is difficult to view the reasons asserted by the Defendants as grounds for refusing to pay the construction cost, and thus, we cannot accept the Defendants’ assertion.

3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified, and it is so decided as per Disposition.

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