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(영문) 부산지방법원 2018.01.24 2017가합1090
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 620,000,000 won and the Defendant Company member Co., Ltd. on July 2010.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the construction work of the new hospital B and 5 C by being awarded a contract from the Defendant Gowon Co., Ltd. Co., Ltd. (hereinafter referred to as the “Defendant Gowon”).

At the time, Defendant Shin-sokman Sick Co., Ltd. (hereinafter referred to as “Defendant Shin-sokman”) jointly and severally guaranteed the obligation to pay the construction cost to the Plaintiff by the Defendant Master Co., Ltd.

B. On February 12, 2010, the Plaintiff and Defendant Won-gu Co., Ltd. were to the Plaintiff on February 12, 2010.

Done at July 30, 2010, the No. 620,000,000 won of the construction cost as stated in the Paragraph, and at the time of delay, the No. notarial deed of debt repayment contract (Evidence 265, 2010) was drawn up with the content that shall pay damages for delay at the rate of 20% per annum.

C. On May 30, 201, the Plaintiff and the Defendant New-name Mesok’s Republic of Korea (hereinafter “Defendant New-name Mesok’s Republic of Korea”) indicated above to the Plaintiff.

Of 620 million won, 250 million won among the joint and several sureties 62,000, 200 million won was prepared by June 15, 201, and the remaining 370 million won was to be paid by November 30, 201, and a notarial deed of debt repayment contract (Evidence 971, 201) that is to be paid by November 30, 201.

[Based on the recognition] Defendant member company: Confession (Article 150(1) of the Civil Procedure Act) (Article 150(1)): The fact that there is no dispute, Gap 1-1, Eul 1, and Eul 1, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff 620 million won as well as damages for delay calculated at the rate of 20% per annum from July 31, 2010 to the date of full payment, which is the day following the due date, to the day of full payment, to the day of full payment, to the Plaintiff; Defendant Shin Jae-man is liable to pay damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from December 1, 2011 to July 14, 2017, the delivery date of a copy of the complaint of this case, to the day of full payment; and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment

3. Accordingly, the Plaintiff’s claim against the Defendants is all satisfied.

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