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(영문) 제주지방법원 2020.05.18 2019가단7944

공사대금

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 130,000,000 and Defendant C Co., Ltd. from October 9, 2019.

Reasons

Basic Facts

On October 20, 2016, the Plaintiff entered into a subcontract with Defendant C Co., Ltd. (formerly: E Co., Ltd.; hereinafter referred to as “Defendant Company”) and the Defendant Co., Ltd., to the extent that it does not need to be specially separated, under the following terms:

The Plaintiff completed the construction within the said construction period from October 20, 2016 to December 30, 2016, the construction cost of KRW 180,000,000. The Defendant Company paid KRW 30,000 as the construction cost on December 29, 2016, and KRW 20 million on January 27, 2017, but did not pay the remainder of KRW 130,000,000.

Under the premise that the outstanding amount of KRW 130,000,000 is payable on June 11, 2018, the Plaintiff and Defendant D (which was appointed as the representative director of the Defendant Company on November 6, 2017 and resigned on October 15, 2018) entered into an agreement with the purport that 100,000,000 of the outstanding amount of KRW 130,000 shall be deducted from the outstanding amount of the outstanding amount, and 50,000,000 shall be payable as the unpaid construction payment until August 30, 2018, and 50,000,000,000 won shall be paid until October 30, 2018, and if the amount is not paid on the agreed date, the construction payment shall be settled, and if the amount of the outstanding amount is not paid on the agreed date, the interest shall be paid at 130,000,000 won and 24% interest.

(hereinafter “instant agreement”). (hereinafter “this case’s agreement”), without dispute, the fact that the Defendant Company failed to pay the Plaintiff KRW 130,000,000 out of the construction price of this case, is not a dispute between the parties, as to the Plaintiff’s claim as to the ground of claim as to Gap’s evidence Nos. 1 through 3 (including the serial number, hereinafter the same shall apply), and the entire argument’s claim as to the ground of claim

Therefore, the Defendant Company is obligated to pay the Plaintiff KRW 130,000,000 and damages for delay, unless there are special circumstances to the contrary.

Accordingly, the defendant company asserts that the plaintiff and the contract price balance were reduced to KRW 100,000,000.

However, according to the agreement of this case, the plaintiff and defendant.