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(영문) 서울동부지방법원 2020.04.24 2018가단130405
양수금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 181,295,100 and Defendant B Co., Ltd. from September 15, 2018.

Reasons

1. Basic facts

A. It is called Co., Ltd. D et al.

On September 1, 2017, the Defendants and the Defendants are “the instant subcontract agreement between the non-party company and the Defendants on the condition that the construction of reinforced concrete from the Defendants during the contract period of KRW 1,450,90,00,00 and the construction period of November 30, 2017 (hereinafter referred to as “the instant subcontract agreement”).

the construction work was completed.

B. The non-party company and defendant B et al. are "Defendant B"

Around May 2018 after the completion of the said construction project, “The settlement agreement of this case” is referred to as “the settlement agreement of this case that increases the construction amount from KRW 1,450,90,00 to KRW 1,771,90,000”.

(c) The Defendants paid only KRW 1,590,694,90,90 of the increased construction cost as above, and did not pay the remainder of KRW 181,295,100. D. On August 28, 2018, Nonparty Company transferred to the Plaintiff the unpaid claim amounting to KRW 181,295,100 against the Defendants for the repayment of the Plaintiff’s obligation. On August 31, 2018, the Defendants notified the Defendants of the fact of the assignment of the above claim on August 31, 2018.

2. The parties' assertion

A. The Defendants, the Plaintiff’s joint contractors, are jointly and severally liable for the construction cost liability pursuant to Article 57 of the Commercial Act.

Therefore, the Defendants are obligated to pay the Plaintiff the unpaid construction cost and the delay damages for the acquisition of the claim for the construction payment due to the instant subcontract.

B. At the time when Defendant B’s assertion 1 was concluded, or when the settlement agreement of this case was concluded, there was an agreement between the Plaintiff and the Defendants on the obligation for the construction cost under the instant subcontract, which shall be divided into shares of the Defendants, and reverted to each of the Defendants.

And Defendant B.

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