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(영문) 광주지방법원 2019.09.06 2018가단509883

약정금

Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 74,00,000, and each of them.

Reasons

1. Facts of recognition;

A. On or around 2016, the Plaintiff (hereinafter “instant First Corporation”) among the new construction works of Changwon D apartment units around 2016 to Defendant B of the Korea Urban Gas Corporation (hereinafter “instant First Corporation”).

(2) On December 29, 2016, Defendant B entered into a loan certificate (hereinafter “the loan certificate of this case”) with respect to the instant construction work, and Defendant C jointly and severally guaranteed the following: (a) around January 31, 2017, the construction period was set at KRW 169,00,000; and (b) around December 29, 2016, Defendant B entered into a loan certificate with respect to the instant construction work; and (c) Defendant C jointly and severally guaranteed the loan.

The loan certificate

1. Principal: 74 million won;

2. Deadline: January 10, 2017 to January 10, 2019 (25 months);

3. Repayment of principal: One time a month, and 2960,000 won;

4. Time to repay the principal: The tenth day of each month;

5. Loss of Benefit of Time: If the principal is in arrears even once payment is made, the obligor shall lose the benefit of time and immediately repay the obligor’s debt in cash upon the obligee’s request.

The debtor borrowed the advance payment for gas facility works under the above conditions, and the joint guarantor will perform the same obligation as the debtor with respect to the creditor.

B. On February 28, 2017, the Plaintiff: (a) around February 28, 2017, the Korea Urban Gas Corporation (hereinafter “instant Second Corporation”) among the new apartment construction works in Busan E-style.

As to the construction period, from October 13, 2015 to September 30, 2017, the construction cost was determined and awarded to KRW 255,00,00. 2) On behalf of Defendant B, the Plaintiff directly paid KRW 150,232,187 in total to the business partner, and paid KRW 54,892,590 in total, including labor cost (including construction cost, work cost, work cost, etc.) for the instant construction work, and KRW 133,096,840 in total, and paid KRW 338,221,617 in total to Defendant B.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 2, 6 through 9, and 14, and the purport of the whole pleadings

2. Determination

A. According to the facts found in the first construction project of this case, the Defendants are jointly and severally liable to the Plaintiff, barring any special circumstance.