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(영문) 부산지방법원 동부지원 2018.06.20 2017가단220753
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 65,00,000 won and 5% per annum from April 11, 2017 to January 30, 2018.

Reasons

1. The following facts are found as follows: Gap's evidence Nos. 2 and 3 may be acknowledged between the plaintiff and the defendant corporation, taking into account the whole purport of the arguments and arguments, and between the plaintiff and the defendant A, it shall be deemed that the defendant A led to confession pursuant to Article 150 of the Civil Procedure Act.

A. On June 27, 2015, the Plaintiff entered into a contract with Defendant A to accept such subcontract (hereinafter “instant subcontract”) as follows:

2. The name of subcontracted project: Litch and vegetable construction work (hereinafter referred to as the “instant construction work”);

3. Construction site: Yangsan-si C

4. Period: From June 29, 2015 to July 10, 2015;

5. Contract amount: 65,000,000 won (including value-added tax); and

6. The first installment of payments: Down-dong 401m2 (92.41m2) under new construction shall be paid as a substitute.

A real estate sales contract shall be prepared and established.

Two vehicles: Down Dogra C. 402 square meters (85.8 square meters) under construction shall be paid as a substitute.

A real estate sales contract shall be prepared and established.

C. The Plaintiff did not receive the price from the Defendant even after completion of the instant construction, and the Defendant A prosecuted the charge of fraud.

Accordingly, on January 5, 2017, Defendant A agreed to pay the Plaintiff the instant construction cost of KRW 65,000,000 to April 10, 2017, and on the same day, Defendant B Co., Ltd guaranteed Defendant A’s obligation to pay the said construction cost.

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the construction cost of KRW 65,00,000 and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from April 11, 2017 to January 30, 2018, which is the date following the above payment date, the final delivery date of the complaint of this case against the Defendants, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

B. As to the assertion by Defendant B, the above determination is made.

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