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(영문) 부산지방법원동부지원 2019.08.27 2018가단218443

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From February 2010 to September 2014, the Plaintiff was awarded a contract for approximately 60 design works from C Co., Ltd. (hereinafter “Nonindicted Company”) that the Defendant had been the representative director, and had been awarded a contract for approximately 60 design works from around February 201 to September 2014.

B. On September 16, 2014, the original Defendant: (a) performed the said construction, and settled the construction cost that was not paid by the Nonparty Company at KRW 60,000,000; and (b) drafted a written confirmation in the name of the original Defendant (hereinafter “instant confirmation”).

The parts related to the instant case in the instant certificate are as follows.

1. On September 16, 2014, the Defendant recognized the Plaintiff as debt 60 million won as of September 16, 201, and pays 30 million won per day out of total debt amount to the Plaintiff until December 31, 2014.

5. Re-preparation shall be made in the same contract form within fifteen (15) days after the repayment of thirty million won for the remainder of the obligation;

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 4-3 and Eul evidence 4-6, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the defendant is obligated to pay the Plaintiff the agreed amount of KRW 60,000,000 and the delay damages therefor, unless there are special circumstances.

B. As to the Defendant’s defense of extinctive prescription and the Plaintiff’s defense of re-approval of the Plaintiff’s debt, the Defendant applied for a three-year extinctive prescription as a claim for construction price. The Defendant asserted that the period of extinctive prescription has expired since the Plaintiff applied for the instant payment order after the lapse of three years from December 31, 2014, which was the final due date specified in the instant written confirmation. (2) Article 163 subparag. 3 of the Civil Act provides that “a claim against the contractor’s construction work” shall be subject to the application of the short-term extinctive prescription of three years. The foregoing “claim against the contractor’s construction work” includes not only the contract price claim for the contracted construction work, but also the claims incidental to the construction work, and the said parties’ claim