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(영문) 수원지방법원 여주지원 2018.10.17 2016가단55846
공사대금
Text

1. Defendant B, C, and D jointly share KRW 99,65,234 with respect to the Plaintiff and their interest from January 13, 2015 to the date of full payment.

Reasons

1. Facts recognized;

A. On December 12, 2014, the Plaintiff was awarded a contract with Defendant B, C, and D for a construction project for a bridge crossing H rivers in Gyeonggi-gu (hereinafter “the instant construction project”) for KRW 623,676,000 of the construction cost.

B. The construction price of the instant case that the Plaintiff received to the present time is KRW 339,536,166, and the amount calculated at the rate of KRW 1/1,000 per day (36.5% per annum) shall be paid to the Plaintiff when the Defendants delayed the payment of the construction price pursuant to Article 11 of the above Construction Contract.

C. Until January 9, 2015, the Plaintiff suspended the construction after completing the construction works other than the construction costs of KRW 70,662,843 among the instant construction works. As such, the construction work of this case was completed at KRW 553,013,157 ( KRW 623,676,00-70,662,843).

On March 23, 2015, the Plaintiff purchased 487m2 and 487m2 (hereinafter “each forest of this case”) from Defendant E in accordance with the terms and conditions of the certificate of fact on February 8, 2015 (hereinafter “instant agreement”).

[Ground of Recognition] A without dispute, Gap evidence 1 to 10, Eul evidence 1 to 11, witness J testimony, the party's personal examination of defendant D, the whole purport of the pleadings (including documentary evidence numbers)

2. Claim against Defendant B, C, and D

A. According to the facts of the determination as to the cause of the claim, the remaining amount remaining after deducting the money paid to the Plaintiff out of the progress payment for the construction project in this case is KRW 213,476,91 ( KRW 553,013,157-339,536,166), and the Defendants shall pay the remainder of the construction cost claimed by the Plaintiff to the Plaintiff and the delayed payment thereof. The Defendants shall pay the Plaintiff the remainder of the construction cost, KRW 99,665,234, and the Defendants shall be liable to pay the said construction cost to the Plaintiff for the same economic purpose, and the so-called quasi-joint and several liability relationship that is extinguished if one of

On the other hand, the Plaintiff remains in accordance with the instant construction contract.

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