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(영문) 부산지방법원서부지원 2020.02.14 2019가단107010
공사대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 198,00,000 and Defendant B from December 1, 2018.

Reasons

1. Basic facts

A. A. Around April 2017, the Plaintiff entered into a construction machinery lease agreement with Defendant B (hereinafter “Defendant Company”) and Defendant Company for the construction of the D Hospital (E, DH658, below “instant facilities”) with respect to the air-going engine (hereinafter “instant facilities”) with respect to the construction cost of KRW 190 million.

(1) The Plaintiff leased the instant facility to the Defendant under the instant lease agreement, and the Defendant completed the construction by using the instant facility.

B. On March 29, 2018, the Plaintiff and the Defendant Company agreed on the construction cost of KRW 180,000,000 under the instant lease agreement (excluding value-added tax) and agreed to pay it by the end of April 2018.

On September 18, 2018, Defendant C agreed to jointly and severally guarantee the Plaintiff’s obligation of KRW 198,000,000 (including value-added tax) to the Plaintiff.

The Defendant Company did not pay the said construction cost to the Plaintiff, and the Defendants, on October 29, 2018, prepared a letter of statement stating that the Plaintiff would pay the said construction cost by November 30, 2018.

The following is referred to as the "written statement of this case":

(i) [The facts without dispute over the basis of recognition, entry of Gap evidence 1 through Gap evidence 3, and the purport of the whole pleadings.

2. Determination:

A. According to the above facts, the Defendants agreed to prepare each of the instant notes and pay the Plaintiff the construction cost of KRW 198,00,000,000 for the lease of the instant facilities. Thus, the Defendants jointly and severally agreed to serve the Plaintiff the construction cost of KRW 198,00,000 according to the agreement, and the delivery date of a copy of the instant complaint from December 1, 2018 to June 7, 2019, the Defendant Company is the delivery date of a copy of the instant complaint from December 1, 2018 to June 7, 2019, Defendant C is calculated at the rate of 5% per annum as stipulated in the Civil Act until August 30, 2019, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following

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