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(영문) 대구지방법원 2017.10.25 2017가단6006
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 41,850,000 and the interest rate thereon from March 30, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff, who is engaged in the business of installing Washington with the trade name of H, is a contract for construction work for which the construction cost is KRW 75,00,000 for the construction work for the re-construction work of the re-construction work of the re-building located in Gangwon-do, the new building located in Seocho-do, the new building located in Gangwon-do, the new building located in the Dong-si in Gangwon-do, and the third new building located in the Dong-si in Gangwon-do, Gangwon-do (hereinafter “instant contract”).

(C) Defendant B, C, and D agreed to mutually and severally guarantee the obligation to pay the construction cost for the installation works for each of the above new buildings (hereinafter “instant agreement”).

2) The Plaintiff: (1) 1,250,000 won for the newly constructed building located in Seocho-do, Gangwon-do; (2) 19,300,000 won for the newly constructed building located in J in Gangwon-do; and (3) 19,300,000 won for the newly constructed building located in Gangwon-do, Gangwon-do.

3) The Plaintiff received payment of KRW 10,000,000 as construction cost for the Washington Construction of the said new building located in J in the East Sea in Gangwon-do [based on recognition] Defendant B: Defendant C: the fact that there is no dispute between Defendant C and D, and the purport of the entire pleadings, including the number of serial numbers, and the purport of the whole pleadings.

B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the amount of KRW 41,850,000,000, and the damages for delay.

2. Determination as to Defendant C and D’s assertion

A. As to Defendant C’s assertion, Defendant C concluded the instant contract at the level of assisting each other in constructing a new building, and provided mutual joint and several sureties with the payment for the singing construction of each one’s own building. As such, Defendant C merely provided joint and several sureties with the payment for the singinging construction of the remainder of the building other than the newly constructed building located in Gangwon-do, the actual owner of the building.

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