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(영문) 인천지방법원 2020.08.20 2020가단202561

자재납품대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 62,50,000 won and each year from April 1, 2018 to August 20, 2020.

Reasons

1. Basic facts

A. On February 26, 2018, the Plaintiff entered into a contract with Defendant B Co., Ltd. to supply and install general households and main households from March 1, 2018 to March 20, 2018, under which the Plaintiff entered into a contract with the Plaintiff to supply and install general households and main households, from March 1, 2018 to March 20, 2018. Defendant C guaranteed the obligation owed by Defendant B Co., Ltd to the Plaintiff.

B. Around March 2018, Defendant C’s agent, prepared a document stating a plan for repayment of unpaid amount, as the Defendants failed to pay the remainder, and Defendant B corporation promised on June 12, 2019 to the Plaintiff by August 31, 2019.

C. The Defendants paid only KRW 4,00,000,000 on February 14, 2019, and KRW 60,000 on February 28, 2019, out of the price under the said construction contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the unpaid construction cost of KRW 62,50,000 (=126,50,000 - KRW 4,000,000 - KRW 60,000 - 60,000 after the completion date of construction) and damages for delay calculated at the rate of 6% per annum under the Commercial Act from April 1, 2018 to August 20, 2020, which is the date of the instant judgment sought by the Plaintiff from April 1, 2018 to the date of completion of construction, and from the next day to the date of full payment.

3. As to the judgment on the Defendant’s assertion, the Defendant, among the parts constructed by the Plaintiff, was less than the end of the plenary agreement.

(3) The court below held that the plaintiff 1 was defective in the supply and construction of the plaintiff, and there is no other evidence to acknowledge that the plaintiff 1 was defective in the plaintiff 1's supply and construction.

The defendant does not have any specific assertion about the defects.

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