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(영문) 서울서부지방법원 2017.02.08 2016가단3617
용역비
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 43,192,00 and the interest rate thereon from July 5, 2016 to the day of full payment.

Reasons

Facts of recognition

On February 16, 2015, the Defendants, as co-debtors, prepared and executed a letter stating that the Plaintiff would pay total of KRW 48,728,00,00 to the Plaintiff for the cost of daily construction work in the “E” site located in Gunposi, by March 31, 2015 (hereinafter “each letter of this case”).

After the drawing up of the instant letter, the Plaintiff provided construction human resources directly to E and had the Plaintiff claim KRW 14,464,00 for E. On April 22, 2016, the Plaintiff paid KRW 20,000,000 to the Plaintiff on the condition that it would be appropriated to meet the costs, such as construction human resources directly provided to E after drawing up the instant letter, and that the remainder would be appropriated to repay the amount on the instant letter, if any.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, the parties' assertion to the purport of the entire pleadings, and the above facts of determination, the defendants are jointly and severally liable to pay to the plaintiff 43,192,00 won (48,728,000 won in each letter of this case - 20,000 won after deducting 14,464,000 won for construction personnel, etc. additionally provided after the preparation of each of the letter of this case from 14,464,00 won, and 5,536,000 won remaining after deducting 14,536,00 won) as requested by the plaintiff as of June 28, 2016.

Defendant D asserts that, on May 1, 2015, Defendant D’s repayment of KRW 4,700,000 to F of the Plaintiff’s staff members should be deducted from the amount that should be repaid under each of the instant books.

According to the evidence No. 1, No. 1, 2015, Defendant D transferred KRW 4,700,000 to F on May 1, 2015, however, Defendant D transferred KRW 4,700,000 to the Plaintiff.

4,700,000 won shall be repaid in each of the instant notes, as there is no evidence to prove that it was used for the benefit of the plaintiff or for the benefit of the plaintiff.

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