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(영문) 서울남부지방법원 2016.06.16 2015가합7061
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 260,426,300 and the interest rate of KRW 15% per annum from November 20, 2015 to the date of full payment.

Reasons

Facts of recognition

On September 25, 2014, the Plaintiff concluded a subcontract agreement with B (hereinafter referred to as “B”) on a construction period of steel framed production works (hereinafter referred to as “instant construction works”) among the Home Shelf extension works following the alteration of the shape of the Home Shelf located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu as the construction period from September 25, 2014 to December 5, 2014 (including value-added tax).

After that, on June 3, 2015, the Plaintiff entered into a contract with B on September 25, 2014 to June 10, 2015, and entered into an alteration contract with B on June 3, 2015 with the construction cost of KRW 693,00,000 (including value-added tax).

On June 8, 2015, the Company B prepared a letter of payment stating that the Defendant’s joint and several sureties, the representative director of the Company, would pay the remainder of KRW 293,000,000,000, which was paid up until then, among the above construction cost of KRW 693,00,000, under the joint and several sureties of the Defendant, until July 31, 2015.

On November 2, 2015, the Plaintiff entered into an agreement on the settlement of supply work with the Defendant, the representative director of the Company B, on November 2, 2015, that the construction cost was finally changed to KRW 660,426,30 (including value-added tax).

[Ground of recognition] In light of the fact that there is no dispute, Gap 1, 2, 3, and 5, and the purport of the entire pleadings, the defendant is liable to pay the remainder of the construction price to the plaintiff as a joint and several surety of the company B, barring any special circumstances (i.e., settlement agreement 660,426,300 won - 400,000 won).

In regard to this, the plaintiff and the defendant agreed to withhold the payment of the work price until completion, but the plaintiff alleged that the defendant attached the claim for the work price to be paid by the time of completion, disregarding such agreement, but there is no evidence to prove that there was an agreement to withhold the payment of the work price by the time of completion. Therefore, the above argument by the

Therefore, the defendant delivered to the plaintiff the above 260,426,300 won and a duplicate of the complaint of this case to the defendant.

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