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(영문) 의정부지방법원 2016.11.10 2015가합127
공사대금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd and Defendant C shall jointly and severally engage in KRW 76,256,061 and its related amount from January 31, 2015.

Reasons

1. Presumed factual basis

A. On May 7, 2014, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) contracted with the Defendant B Co., Ltd. for the construction of neighborhood living facilities on the land outside the E and the five parcels in Namyang-si, Nam-si, Namyang-si, including the conclusion of the instant subcontract (hereinafter “instant construction”), concluded each subcontract (hereinafter “instant subcontract”) with regard to the construction of windows, glass, and metal (hereinafter “instant construction”) among the new construction works of the Plaintiff and the instant construction works, on the condition that “Defendant B, the subcontractor, the Plaintiff, and the construction period from May 8, 2014 to July 31, 2014, the remainder shall be paid within 30 days after the completion of construction, and the rate of liquidated damages shall be 0.1%.”

(B) We examine the amount of the construction cost in the following manner.

On October 12, 2014, the Plaintiff, Defendant B, and Defendant D, including the guarantee of the payment of construction cost, shall pay to the Plaintiff KRW 203,500,000, the sum of the amount payable as of October 12, 2014 of the instant construction cost, plus KRW 133,50,000,00, as of October 12, 2014, and the instant additional construction cost of KRW 70,50,00,000, as of October 12, 2014, and Defendant D drafted a letter of guarantee of payment (hereinafter “written guarantee of the instant payment”).

On October 25, 2014, Defendant B and Defendant C drafted a letter of payment for the construction cost (hereinafter “instant letter of payment”) in the “The Plaintiff, after completion of the instant construction work, shall settle the construction cost and pay it to the Plaintiff within 15 days, and Defendant C shall pay it to the Plaintiff within the said period.”

The instant payment note is written as follows: “The contract price of the instant construction project is KRW 200,00,000 (excluding value-added tax); May 7, 2014; the construction period is from May 8, 2014 to October 30, 2014; and the scheduled completion date for completion of the instant construction project.”

C. As between June 16, 2014 and December 8, 2014, Defendant B paid KRW 176,500,000 to the Plaintiff out of the instant construction cost as indicated in the following table.

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