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(영문) 서울남부지방법원 2020.06.26 2019가단265783
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 151,521,00 and the interest rate thereon from October 12, 2019 to the date of full payment.

Reasons

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1, 4, 5, and 6, it can be acknowledged that the plaintiff promised to pay to the plaintiff KRW 151,521,00 (120,000,000) out of the price for the new construction of the E-building F Complex (8 households) from defendant C by August 2019, and the following construction was not paid to the plaintiff by August 2019, and that defendant D promised to pay the plaintiff KRW 151,521,00 (31,521,000,000) on September 10, 2019 and September 23, 2019.

Therefore, the defendants are jointly and severally liable to pay to the plaintiff 151,521,000 won and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from October 12, 2019 to the day of full payment, which is the day following the delivery of the original copy of the payment order in this case. Thus, the plaintiff's claim is justified.

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