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(영문) 의정부지방법원 2016.10.12 2016가합841
추심금
Text

1. The Defendants shall pay to the Plaintiff each amount of KRW 186,160,002 and each of the said amounts, respectively, from March 26, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Construction Contract for the Construction of the New Construction of the D church in Yangju City (hereinafter “Nonindicted Company”) entered into a contract with the C church (hereinafter “C church”) for the Construction of the New Construction of the D church in Yangju City. The Defendants and E, F, G, H, I, J, and K (hereinafter “instant joint and several sureties”) jointly and severally guaranteed the obligation to pay the construction price to the non-party company of the C church.

B. On April 21, 2014, the non-party company filed a lawsuit with the Incheon District Court No. 2013Gahap2135 against the C guard and the joint guarantor of the instant case to seek payment of the said construction cost, and on April 21, 2014, the mediation between the said parties (in Incheon District Court 2014s.50781, hereinafter “instant mediation”) was established as follows.

1. Cridges and joint and several suretiess of this case shall jointly and severally pay to the non-party company KRW 1,500,000 as follows.

Of the above amounts, KRW 1,200,000 shall be paid in installments from June 31, 2015 to March 31, 2025 in 30,000 as of the end of the last month of each quarter;

B. Of the remainder KRW 300,000,000, KRW 90,000,000,000,000,000 paid by the non-party company at the same time with the delivery of the application documents for revocation of provisional seizure (cancellation) by the Incheon District Court 2013Kahap962, which was completed by the non-party company on the real estate in attached Forms 1 and 2 by May 31, 2014;

(c) gold 210,00,000 won shall be paid until May 31, 2018.

2. Cridges and co-suretiess of this case shall lose the benefit of time when they delay the payment of the above money even once, and shall immediately pay the remainder after deducting the money paid from 2,070,000,000,000, which is the current balance of the construction cost, by adding damages for delay at the rate of 20% per annum from the following day after delay.

3. The non-party company shall file a request for revocation of the enforcement of provisional seizure against the claims related to E, the Defendants, and J.

4. The non-party company waives all of the remainder claims against Diplomatic Association and the joint and several sureties of this case.

5...

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