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(영문) 수원지방법원 2017.09.07 2016가단22451
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 50,193,858 won and each year from May 6, 2016 to September 7, 2017.

Reasons

1. Facts of recognition;

A. A. Around June 2014, Defendant Bio-special company (hereinafter “Defendant Bio-special”) concluded a contract for a private construction project with the content that the construction work for the extension of a 870-ground factory (hereinafter “instant factory”) at the time of the movement of the wife population to Defendant Re-Construction Co., Ltd. (hereinafter “Defendant Re-Construction”) (hereinafter “instant construction work”) shall be awarded a contract for the construction cost of KRW 524 million (excluding value-added tax) at the time of the contract, but the contract shall be paid KRW 20 million at the time of the contract deposit, KRW 20 million at the intermediate payment after the completion of the structural construction, KRW 20 million at the time of the intermediate payment, and KRW 124 million in remainder within one month after the completion of the structural construction.

B. On October 27, 2014, Defendant Jae-Gyeong Construction and Samgjin Co., Ltd. concluded a contract agreement with the Plaintiff to pay the remainder KRW 20 million to the Plaintiff at KRW 200,000,000,000 as down payment and to pay the remainder of KRW 180,000,000 to the Plaintiff within one month after completion (hereinafter “instant subcontract agreement”).

As the owner of the instant subcontract on the same day, Defendant M2 had jointly and severally guaranteed the obligation to pay the construction cost to the Plaintiff, a joint contract for the construction of re-construction of the Defendant, which is a joint contract.

C. On November 11, 2014, the Plaintiff received respectively down payment of KRW 22,00,000 (including value added tax) from Defendant Samsan on November 11, 201, and KRW 143,00,000 (including value added tax) on December 15, 2014.

Defendant Bio-special was approved to use the instant factory on June 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 5, 6, 9, Eul evidence 1, the purport of the whole pleadings

2. Determination:

A. The fact that Defendant Jae-Gyeong Construction and Samsan entered into the instant subcontract agreement with the Plaintiff as a joint contractor for the determination of the cause of the claim, the fact that Defendant Paio Special had jointly and severally guaranteed the obligation to pay the construction price under the instant subcontract, and the Plaintiff.

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