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(영문) 서울중앙지방법원 2016.12.15 2016가합4131

공사대금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 266,700,000 and the interest thereon from April 26, 2006 to the date of full payment.

Reasons

1. Indication of claim;

A. On October 12, 2004, the Plaintiff filed a lawsuit against the Defendants for the payment of KRW 301,041,808, including the outstanding amount of construction work related to the contract for the construction of the D Officetel shopping mall, which the Plaintiff received from the Defendants on October 12, 2004.

On April 26, 2006, the above court rendered a ruling to recommend reconciliation that "the defendants jointly and severally pay to the plaintiff 266,700,000 won with an interest of 20% per annum from April 26, 2006 to the date of full payment," and the decision to recommend reconciliation became final and conclusive around that time.

B. On March 22, 2016, the Plaintiff filed the instant lawsuit against the Defendants for the same content in order to prevent the completion of extinctive prescription of the claim established by the said decision of recommending reconciliation.

2. Applicable provisions;

(a) Defendant A and C: Article 208(3)3 of the Civil Procedure Act (a)

(b) Defendant B: Article 280(3)2 and Article 150(3) (a) of the Civil Procedure Act (a decision made by deeming that the decision was made);