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(영문) 창원지방법원마산지원 2016.01.06 2015가단7575

물품대금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 39,807,809 and its amount from April 1, 2015; and Defendant B from September 16, 2015.

Reasons

1. Basic facts

A. On December 16, 2014, Defendant B, who is a contractor of the new construction of the DD neighborhood living facilities in the Hanan-gun, Chungcheongnam-gun, Chungcheongnam-gun, subcontracted the said construction work to the Plaintiff the steel frame, the board, and the Changho Construction Work (hereinafter “instant construction work”) at the price of KRW 96 million (excluding value-added tax) (hereinafter “instant construction contract”).

B. Under the instant construction contract, the Plaintiff and Defendant B agreed to pay the down payment as KRW 20 million, the intermediate payment as KRW 50 million, the remainder as KRW 26 million, and the intermediate payment as KRW 30 million at the time of installation of steel frame.

C. Defendant C guaranteed Defendant C’s debt owed to the Plaintiff under the instant construction contract.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The fact that the Plaintiff completed the steel frame construction among the instant construction works in February 2015, which was acknowledged by the purport of Gap evidence Nos. 2 and 4 and all pleadings.

Therefore, barring any special circumstance, the Defendants jointly and severally agreed to pay to the Plaintiff the intermediate payment of KRW 49,825,281, and its value-added tax of KRW 49,825,5281, which the Plaintiff sought, among the total sum of KRW 50,000,000,000,000 for the intermediate payment agreed to pay the down payment and the steel frame installation, and KRW 39,807,809,09 (= KRW 49,825,281,281 - KRW 4,982,52,528 - 15,000), and the Defendants are obligated to pay the annual interest rate of KRW 5,00,000 from the day following the date of April 1, 2015, until September 16, 2015, Defendant C received a copy of the complaint of this case, until August 4, 2015, respectively, by 35,015.

The plaintiff shall pay damages for delay at the rate of 20% per annum from the day after the duplicate of the complaint of this case is served to the day of complete payment.