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(영문) 청주지방법원 2020.11.25 2020가합11169

약정금

Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 636,80,000 and KRW 205,00,000 among them shall be the Defendant from November 14, 2015.

Reasons

1. Basic facts

A. (1) On April 24, 2015, the Plaintiff entered into a construction contract, etc.) Defendant B Co., Ltd. (hereinafter “Defendant B”).

) As to D’s new construction work of a factory, the construction cost of KRW 756,800,000 shall be determined and the contract for the construction work of this case (hereinafter “the contract for the construction work of this case”).

(2) Defendant B completed the construction of the instant construction contract on July 24, 2015 and obtained approval for use.

(hereinafter “instant factory”). (b)

(1) Defendant B paid KRW 160,000,000,000 to the Plaintiff out of the construction price, and the Plaintiff was not paid the remainder of the construction price by Defendant B, and on November 12, 2015, the settlement agreement on the unpaid construction price and loan amount of KRW 70,00,000 between Defendant B and Defendant B (hereinafter “instant settlement agreement”).

The defendant C, the representative director of the defendant B, has jointly and severally guaranteed the obligation under the instant settlement agreement. The main contents of the instant settlement agreement are as follows. The defendant B shall confirm that there is no defect or failure to perform all the works on the factory of the defendant B located in Chungcheongnam-si executed by the plaintiff, and that all the processes have been completed and completed, and then shall not thereafter raise any objection thereto. The defendant B shall confirm that the total construction cost to be paid to the plaintiff by the plaintiff is KRW 756,800,000 (including value-added tax) and shall pay KRW 235,00,000,000 out of the remainder, excluding the amount of KRW 160,000,000 paid by the defendant B, and the remainder shall be paid KRW 361,80,000 and KRW 70,000,000 from KRW 30,000,000,000 for the plaintiff's loans to the defendant.

(2) Defendant B paid KRW 30 million to the Plaintiff on November 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and arguments.