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(영문) 인천지방법원부천지원 2014.10.29 2014가단13480
공사대금
Text

1. Defendant C shall be KRW 16,700,000 for the Plaintiff, and Defendant B shall be jointly and severally with Defendant C, and KRW 7,250,000 for the said money to the Plaintiff.

Reasons

1. Basic facts

A. On June 11, 2013, Gangnam Industrial Development Co., Ltd. (hereinafter “Gangsan Industrial Development”) contracted to Defendant C, etc. for the new construction of neighborhood living facilities and multi-household houses outside three lots of land in Yeonsu-gu Incheon, Yeonsu-gu, and Defendant C contracted to Defendant B for the part of civil engineering works during the said construction. Defendant B contracted to the Plaintiff on June 11, 2013 for the construction of steel frame facilities during the said construction amounting to KRW 25,300,000.

B. The Plaintiff completed the construction by the last day of July 2013, and implemented additional construction equivalent to KRW 6,874,420 upon Defendant B’s request.

C. Meanwhile, Defendant B paid the Plaintiff KRW 11,20,000,000, totaling KRW 3,000,000 on June 27, 2013, and KRW 8,200,00 on August 6, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the claim against the defendant B

A. According to the facts found above, barring special circumstances, Defendant B is obligated to pay the Plaintiff the unpaid construction cost of KRW 20,974,420 ( KRW 32,174,420-11,200,00) and delay damages therefrom.

B. Defendant B asserts to the effect that the time limit for payment of the above construction cost has not yet arrived.

In full view of the purport of the argument in the statement No. 1, Defendant B’s contract for the above construction work to the Plaintiff, and it can be acknowledged that Defendant B agreed to pay the price after 2-3 days after the receipt of the original term of office. According to the above facts of recognition, it is reasonable to view that the above contents of the agreement set the indefinite term for Defendant B’s payment of the construction cost by the Defendant C, etc. as an additional term of office.

However, in full view of the purport of the argument in the reply to the fact-finding on the development of the Gangseo Industrial Complex by this court, it can be recognized that Defendant B received construction cost of KRW 18,450,000 from the development of the Gangseo Industrial Complex.

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