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(영문) 광주지방법원 2016.09.28 2016가단14183

약정금

Text

1. The Defendants jointly share KRW 97,126,70 with respect to the Plaintiff and the period from March 16, 2013 to March 25, 2016.

Reasons

1. Facts of recognition;

A. On January 6, 2013, D Co., Ltd. awarded a contract for construction work within the hospital located in Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seoul, for KRW 250,000,000 for construction work.

B. The Plaintiff subcontracted the said interior interior interior interior interior interior works and completed the construction from January 17, 2013 to February 7, 2013.

C. Around March 6, 2013, Defendant B and Defendant C, the owner of the said construction work, drafted a payment performance certificate stating that “The Plaintiff shall confirm the fact that the interior interior interior interior construction work cost was KRW 97,126,700, and promise to pay the said construction cost to the Plaintiff by March 15, 2013, notwithstanding any dispute arising with the prime contractor, etc.”

(hereinafter “instant payment performance agreement”). [Grounds for recognition] . (No dispute exists, Gap 1 through 3 evidence, Eul 1 evidence, the purport of the entire pleadings

2. The Defendants are jointly obligated to pay the Plaintiff the construction cost of KRW 97,126,70 under the instant payment performance agreement, and to pay the Plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act from March 16, 2013 to March 25, 2016, which is the date following the due date of payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. Determination as to the defendants' defense

A. The Defendants asserted extinctive prescription that the Plaintiff’s claim for construction price has expired.

According to the facts of recognition, the Plaintiff’s claim for the construction price against the Defendants is the starting point of the extinctive prescription under the instant payment performance agreement, and the Plaintiff applied for a payment order against the Defendants on February 19, 2016. Thus, it is apparent that three years have not elapsed since it was obvious that the statute of limitations period for the claim for the construction price against the Defendants was expired.

The defendants' defense of extinctive prescription is without merit.

(b)transfer of the hospital building and the defendant;