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(영문) 부산지방법원 2020.09.01 2019가단339594

공사대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 34,00,000 and the interest rate thereon from November 30, 2019 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Fact 1) Defendant D is Defendant B Co., Ltd. (hereinafter “Defendant B”).

(2) On October 31, 2016, Defendant B, as the representative director of the company, was employed until July 30, 2018. Defendant B, as the representative director of the company, obtained a building permit for the construction of the apartment house on the ground of the north-gu Busan Metropolitan Government from the head of the office of Busan Metropolitan City, and on November 24, 2016, concluded a contract with the Plaintiff, who borrowed the name of F Co., Ltd., in the name of F, with the construction cost of KRW 200,00,000 (excluding value-added tax) and the construction period from November 28, 2016 to April 30, 2017.

3) Since it is difficult for Defendant B to obtain a loan since then, Defendant D asked Nonparty B, one’s own, to lend the name of the owner to Nonparty G, and then changed the said owner from Defendant B to G on January 5, 2017. (4) The Plaintiff suspended the said construction on or around the end of November 2016, while the Plaintiff started the construction of the said new construction and started the construction of the said new construction, and continued the said construction on or around March 2017. The construction cost that the Plaintiff had not received until that time was executed is KRW 34,00,000.

5) On January 16, 2018, Defendant D promised to pay to the Plaintiff KRW 34,000,000 for the above construction cost as an internal director of Defendant B’s representative, stating that “I will immediately settle the 34,000,000,000 won invested by you go through by Party B,” with the seal of the corporate seal of Defendant B, and Defendant D promised to pay to the Plaintiff for the above construction cost as an individual’s position. [In the absence of any dispute over the grounds for recognition, each entry in the evidence No. 1 or No. 11, and the purport of the entire pleadings, as a whole.]

B. According to the above findings of determination, barring any special circumstance, the Defendants jointly and severally calculated the construction cost of KRW 34,00,000,000, which was not paid as above to the Plaintiff, as well as the annual rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 30, 2019 to the date of full payment, which is obvious on the day following the last day of serving the copy of the complaint