(영문) 서울북부지방법원 2016.01.29 2015가단35901

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(영문) 서울북부지방법원 2016.01.29 2015가단35901

공사대금 등

Text

1. The Defendants are jointly and severally liable to the Plaintiff KRW 23,00,000 and the Defendants A with respect thereto from August 29, 2015; and Defendant B from August 29, 2015.

Reasons

1. Facts of recognition;

A. On April 16, 2013, the Plaintiff was awarded a subcontract for the following tin works by Defendant A, a corporation engaging in construction business, such as tin works.

1) Of the new construction works of Guro-gu Seoul Metropolitan Government multi-family house: 14,00,000 won - Period: 2 from April 10, 2013 to April 30, 2013: 16,000 won - period: 16,000 won from April 26, 2013 to May 10, 2013.

B. Defendant B prepared to the Plaintiff a letter of payment to the effect that he would be responsible for each of the above tin works by May 2014.

C. The Plaintiff completed the said tin work, and received KRW 7,00,000 as the tin work price on July 18, 2013.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally obligated to pay the Plaintiff the remainder of the construction price of KRW 23,00,000 and the damages for delay calculated at the rate of 15% per annum under the former Enforcement Decree from the day following the delivery of a copy of the complaint in this case (Defendant A; Defendant B, September 1, 2015) to September 30, 2015, the main text of Article 3(1), Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., amended by Presidential Decree No. 26553, Sept. 25, 2015; Article 2(2) of the Addenda of the same Act; and Article 2(2) of the former Enforcement Decree from the next day to the day of full payment to the day of full payment.

(The plaintiff's claim for damages for delay shall be recognized only within the scope of the above recognition with the amendment of the Enforcement Decree of the Act on Special Cases Concerning the Promotion, etc. of

Defendant A’s assertion argues to the effect that he is not liable because he prepared to the Plaintiff a letter of payment that Defendant B is the actual principal contractor, and that Defendant B is responsible for the said construction cost.

The defendant B prepared a letter of payment to the plaintiff.

참조조문

-소송촉진 등에 관한 특례법 제3조 제1항

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