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(영문) 인천지방법원부천지원 2014.12.24 2014가합2968
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 108,007,50 and the Defendant B Co., Ltd. from June 5, 2013.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the starting construction of the Eunpyeong-gu Seoul Metropolitan Government F apartment (hereinafter “instant apartment”) and Defendant C, D, and E is a member of the instant apartment reconstruction association.

B. On May 29, 2012, the Defendant Company entered into a contract with the Plaintiff regarding the part of fire-fighting facility works among the reconstruction works of the instant apartment (hereinafter “instant construction works”) as follows.

Construction amount: KRW 180,000,000 for the first time (excluding value-added tax); KRW 50,000 for the second time; KRW 80,000 for the second time; KRW 30,000 for the third time; and

C. Since then, 5.25 million won was additionally required in the construction process of this case, and the total construction cost was 18,525 million won. The Defendant Company paid 5.5 million won among them to the Plaintiff, and paid 40,242,500 won to the Plaintiff, and paid 108,07,500 won as of the present contract price (i.e., value-added tax of KRW 18,000,000,000 for additional construction cost of KRW 18,250,000 - KRW 5,55 million paid to the Plaintiff - KRW 40,242,500 paid to the Plaintiff).

The instant apartment reconstruction association entered into a payment contract with the Defendant Company in lieu of the ownership of the instant apartment No. 201 for the purpose of the rebuilding construction cost, and the Defendant Company received a loan as collateral and paid the construction cost of the instant apartment as well as stipulated that the said loan will be paid. On January 26, 2013, the Plaintiff prepared a written confirmation (hereinafter “written confirmation No. 1”) with the following content.

After completion of the construction in relation to the apartment construction in this case, I will prepare a written confirmation to nominate the Plaintiff to pay the construction cost when the Defendant Company received the above apartment as a substitute for the construction cost to the Plaintiff as a bank loan.

Provided, That if there is no seal of the fire-fighting contractor's confirmation column by January 28, 2013, this certificate shall be null and void.

E. Defendant C, D, and E are the case of Defendant C, D, and E on January 2013.

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