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(영문) 서울남부지방법원 2020.06.11 2019가단236174
약정금 등
Text

1. The Defendants shall jointly and severally serve as KRW 185,150,000 on the Plaintiff and as a result, from June 21, 2018 to July 5, 2019.

Reasons

1. Facts of recognition;

A. On March 25, 2015, Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a construction project management service contract with the owner of the building on March 25, 2015 and the F new construction works conducted in Pyeongtaek-si E. to act on behalf of the owner of the building, and the owner of the building contracted the construction work to G Co., Ltd. (hereinafter “G”).

B. On June 8, 2015, the Plaintiff entered into a subcontract with G to the construction cost of KRW 417,150,000 for the said new construction works (hereinafter “instant construction works”) and to November 25, 2015 for the construction period from June 8, 2015 to November 25, 2015.

C. In addition, on August 3, 2016, the Plaintiff agreed to perform additional construction works, such as air conditioners, and set the additional construction cost at KRW 130 million in addition to the instant construction works.

After that, the Plaintiff, the Defendant Company, and G drafted a written agreement on the direct payment of the subcontract price that the Defendant Company decided to pay to the Plaintiff for the unpaid construction price of KRW 245,150,000,00, which is not paid on October 4, 2016. On October 10, 2016, the Defendant Company issued to the Plaintiff a promissory note with the Plaintiff on November 15, 2016, namely, the payee, the date of issuance, the date of payment, the place of payment, the place of payment, and the place of payment, respectively. On October 10, 2016, the notary public drafted a authentic deed of promissory notes with the law firm HH No. 694 as of October 2016.

E. On January 25, 2017, the Plaintiff: (a) received a request from G for additional construction works regarding the change of the design; (b) determined the additional construction cost of KRW 50 million; and (c) on February 8, 2017, the Plaintiff received payment of KRW 50 million for additional construction cost on February 10, 2017 at the request of the Defendant Company G and the IF, a lending financial institution, and the IF, as well as on February 8, 2017.

F. On March 2018, Defendant Co., Ltd agreed to pay the Plaintiff the amount of KRW 245,150,000,000 for the unpaid payment until June 20, 2018, and Defendant C jointly guaranteed the Defendant Co.’s obligations.

G. The Plaintiff’s construction work of this case and its addition.

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