logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.01.27 2019가합522975
공사대금
Text

The Defendants are jointly and severally liable to the Plaintiff for KRW 188,00,000 and 5% per annum from March 31, 2016 to January 27, 2021.

Reasons

1. Facts of recognition;

A. On January 29, 2015, the Plaintiff was awarded a contract for construction of the Songpa-gu Seoul E building (hereinafter referred to as “instant building”) with the contract price of KRW 1,100,000,000 (Separate Table of Value-Added Tax) and the construction period from January 29, 2015 to March 31, 2015. The instant construction was completed around April 2015.

Although the approval of the use of the instant building was granted on April 8, 2015, the Plaintiff did not receive part of the construction cost of the instant building from D Co., Ltd.

B. On December 24, 2015, Defendant B acquired 1/2 shares of each of the instant sections of exclusive ownership in the instant building, and the remainder of 1/2 shares acquired by F.

(c)

Defendant B, on January 21, 2016, paid KRW 1,030,00,00 to eight companies, including the Plaintiff, participating in the instant construction project on behalf of the Plaintiff Company, G, etc., and prepared and supplemented “a certificate of borrowing” (No. 4; hereinafter “the instant certificate of borrowing”) to the effect that the said eight companies will repay KRW 1,030,000,000 to the said eight companies by March 30, 2016, the due date for repayment.

Defendant C, the mother of Defendant B, jointly and severally guaranteed the above obligation of Defendant B.

(d)

Of the 1,030,00,000,000 won in the instant loan certificate, the portion of the construction performed by the Plaintiff other than the subcontractor is KRW 188,00,000,00, and the subcontractors other than the Plaintiff seek against the Defendants the payment for the portion of the construction performed by them among the amount stated in the instant loan certificate.

[Ground of recognition] The facts without dispute, Gap evidence No. 1, Gap evidence No. 3, Gap evidence No. 4, Gap evidence No. 6, and 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 jointly and severally agreed to pay to the plaintiff in accordance with the drawing up of the loan certificate of this case as requested by the plaintiff, and the date of the agreed repayment.

arrow