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(영문) 수원지방법원성남지원 2019.02.12 2018가합1335

보증채무금

Text

1. The Defendant shall pay to the Plaintiff KRW 211,00,000 and the interest rate of KRW 15% per annum from September 22, 2018 to the date of full payment.

Reasons

1. The following facts can be acknowledged in light of the following facts: there is no dispute between the parties or the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 6:

The Plaintiff is a company that manufactures and installs steel structures, such as windows, roofss, boards, and boards, at the construction site, and was awarded a contract with C (hereinafter referred to as “C”) of May 26, 2016 for roof and home conduits among “D new construction works at the large city.”

B. C requested the Plaintiff to perform the part of the “fluent living management Dong and sampling Dong” among the above construction works first, and the Plaintiff is performing construction works from June 1, 2016, and the same year.

8. 31. Completion of construction.

C. The Plaintiff filed a claim with C for construction cost of KRW 231,00,000 for the completion of the said construction, but C did not pay the remainder to the Plaintiff on December 26, 2017.

1. The construction cost to be paid by C to the Plaintiff is KRW 211,00,000.

2. C shall pay the Plaintiff KRW 100,000,000, out of the construction cost as above, until May 10, 2018.

3. C pays the remainder of 111,000,000 won to the Plaintiff by June 10, 2018.

4. On the day of the preparation of this letter, the Plaintiff applied for provisional seizure of KRW 70,00,000 for provisional seizure against F in the list of claims provisional seizure against the Seoul Eastern District Court case No. 2018Kadan50627 on the day of the provisional seizure of claims.

5. The defendant shall stand joint and several sureties C.

6. If the above provision is not implemented, the plaintiff will take civil and criminal measures against the entire rights of C and the defendant, and C and the defendant will not raise any objection against such measures.

On March 15, 2018, the Plaintiff was subject to C’s decision on provisional seizure of the claim against E Co., Ltd. (Seoul Eastern District Court 2018Kadan50627), and thereafter, on April 4, 2018, the Plaintiff and C, and the Defendant respectively have the following descriptions:

2. According to the above facts of recognition, the defendant is a joint and several surety for the obligation for the payment of the construction cost as stipulated in the above letter.