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(영문) 부산지방법원동부지원 2016.07.14 2014가합101124
공사대금
Text

1. Defendant B Co., Ltd.: KRW 30,622,00 on Newcheon Co., Ltd. and KRW 72,226,00 on Plaintiff A and this shall apply.

Reasons

1. Basic facts

A. On April 10, 2012, the Plaintiff New River Co., Ltd. (hereinafter “Plaintiff New River”) entered into a subcontract with Defendant B Co., Ltd. (hereinafter “Defendant B”) for the supply of and demand for construction works by setting the incidental civil engineering works, retaining walls, septic tanks (a structure construction, ground-breaking and remaining soil treatment pipe construction), landscaping construction costs of KRW 910,580,00, and construction period from April 10, 2012 to July 30, 2012.

Defendant C, upon receipt of the construction permit for the new construction of G Hospital, guaranteed the obligation of Defendant B to the Plaintiff’s new construction according to the said subcontract.

B. On May 9, 2012, Plaintiff A entered into a subcontract with Defendant B for the supply of and demand for the warrant construction work during the construction of G Hospital by setting the construction cost of KRW 115,500,000, and the construction period from May 14, 2012 to June 3, 2012.

C. The Plaintiffs suspended construction works around March 2013, as they did not receive the progress payment from Defendant B.

On June 30, 2013, Defendant C prepared and delivered a written undertaking to pay the price of the construction work to the Plaintiffs on July 5, 2013, stating that “The payment of KRW 452,100,000 (including value-added tax) shall be recognized as the price of the construction work and shall be paid until July 30, 2013,” and that “the payment of KRW 66,00,000 (including value-added tax) shall be recognized as the price of the construction work and shall be paid until July 30, 2013,” respectively, to the Plaintiffs on July 5, 2013. In addition, Defendant C also made payment to the Plaintiff by August 30, 2013.

“,” has drawn up and issued a letter of commitment.

E. Meanwhile, Plaintiff A lent to Defendant C the amount of KRW 50,00,000 on March 14, 2012, KRW 10,000 on March 23, 2012, KRW 40,000,00 on March 23, 2012, and KRW 40,000 on April 6, 2012, respectively, at the maturity of payment on May 30, 2012, and KRW 5,00 on May 30, 2012, and Defendant E each of the obligations to return loans.

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