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(영문) 창원지방법원 2016.10.11 2016가단111327

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80 million and the Defendant B, as from April 30, 2016, respectively.

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 5:

On April 2013, the Plaintiff entered into a contract with the Defendant Company B (hereinafter “Defendant Company”) to construct a new multi-family housing and completed it.

B. On February 6, 2014, the Plaintiff confirmed that the outstanding amount for the construction cost was KRW 110 million between the Defendant Company and the Defendant Company, and concluded a sales contract with the newly built D Collective Housing 402 to secure the payment of the price, and the Defendant C jointly and severally guaranteed the Defendant Company’s obligations.

C. On February 6, 2014, the Plaintiff was prepared and delivered a sales contract for the above multi-family housing No. 402 by the Defendant Company, but thereafter, the above multi-family housing had been registered for ownership transfer in E, a third party.

2. According to the facts of the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 30, 2016, the day following the delivery date of the copy of the complaint in this case, which is the day following the delivery date of the copy of the complaint in this case, to the day of full payment, calculated by 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 4, 2016 to the day of full payment.

3. The Defendants asserted that, from June 18, 2012 to December 19, 2013, the Defendants paid a total of KRW 62.1 million to the Plaintiff, thereby extinguishing the debt equivalent to the said amount with repayment. The remainder of the construction cost liability upon the Plaintiff’s request also claims that, upon the Plaintiff’s request, G, a creditor against the actual manager F, sold D Collective Housing KRW 702 at a discount of KRW 150 million more than KRW 165 million with the purchase price of KRW 150 million with the purchase price of KRW 150 million with the purchase price of KRW 150 million with the purchase price of KRW 150 million with the purchase price of KRW 150 million with the purchase price of KRW 15 million with the domestic housing settlement completed. The domestic Defendants raised from June 18, 2012 to December 19, 2013.