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(영문) 서울중앙지방법원 2020.04.03 2019가합587101

공사대금

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1. The Defendant’s KRW 1,581,523,447 as well as 6% per annum from January 20, 2019 to December 12, 2019 to the Plaintiff.

Reasons

1. Indication of claim;

A. On July 30, 2018, the Plaintiff entered into a contract on the supply of and demand for installation works for solar power plants at KRW 2,860,00,000 on the land, both D and three parcels of land, Gangnam-gun, Gangwon-gun, and the Plaintiff.

The Plaintiff agreed to receive the remainder of the above payment within seven days after the completion of the pre-use inspection.

B. On January 12, 2019, the Plaintiff completed and completed the pre-use inspection.

C. C Co., Ltd. paid only part of the above payments, and the amount unpaid as of July 30, 2019 was the principal amount of KRW 1,581,523,447.

On July 30, 2019, the Defendant jointly and severally guaranteed the obligation to the Plaintiff of the Co., Ltd. to pay the unpaid amount.

E. Therefore, the Defendant is obligated to pay to the Plaintiff the amount of KRW 1,581,523,447 of the paid principal and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from January 20, 2019 to December 12, 2019, the delivery date of a copy of the complaint of this case, which is seven days after the completion of the inspection prior to the use, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on deeming confessions based on the grounds (Articles 150 (3) and 208 (3) 2 of the Civil Procedure Act);