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(영문) 서울북부지방법원 2018.02.01 2016가합2165
대여금등
Text

1. The Defendant’s KRW 207,225,100 and its weight shall be the Plaintiff:

A. From October 19, 2016 to February 1, 2018, KRW 100,000.

Reasons

Basic Facts

The non-party C Co., Ltd. (hereinafter referred to as the "C") entered into a construction contract and joint and several surety contract, around 2012. At the same time, the non-party D, the representative director of which, the non-party D, promoted a new project to build an urban-type residential house of the second and seventh stories above ground.

On June 11, 2012, the Defendant was awarded a contract for the construction cost of KRW 3,102,00,000 for the said new housing construction work (hereinafter “instant construction work”) (i.e., construction work of KRW 2,707,00,000 for civil engineering work of KRW 395,00,000 for construction work) (hereinafter “instant contract”). The Plaintiff, D, and C jointly and severally guaranteed the said contract payment obligation on the same day.

(2) According to the contract of this case, the Defendant received KRW 60,00,000 at the time of construction, KRW 40,000 at the time of construction, KRW 200,000 at the time of completion, KRW 200,000 at the time of completion, KRW 200,000 at the time of completion, KRW 200,000 at the time of completion, and KRW 100,000 at the time of completion, and KRW 2,502,00,000 at the time of completion, respectively.

The Defendant’s discontinuance of the instant construction commences the instant construction and completed the pelvis construction in accordance with the instant contract, and commenced the pelvis construction. However, C had suspended the instant construction around December 2012, as a legal dispute arises between creditors and creditors.

As the defendant could not resume construction for a long time, on January 28, 2014, the defendant applied for payment order against the plaintiff, D, C, non-party G, H, and I as Seoul Western District Court 2014 tea52.

Plaintiff, D, C, and G are dissatisfied with the payment order and performed as a lawsuit (Seoul Western District Court 2014Gahap5272 delivered by Seoul Western District Court 2014Gahap45572). The Defendant withdrawn the lawsuit against G on February 19, 2016.

Seoul Central District Court on June 23, 2016. ① D, D, and C jointly and severally to the Defendant, the remaining amount of construction cost of KRW 1,082,801,786 = 1,742.

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