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(영문) 수원지방법원 2015.11.06 2015가단23914
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 62,00,000 and KRW 20,666,00 among them, from January 1, 2015, and KRW 20,67.

Reasons

1. Basic facts

A. The Plaintiff was not paid KRW 62,520,00 among the construction cost (= KRW 57,200,000 for the construction cost) even after completion of each reinforced concrete construction work among D New Construction Work and E New Construction Work, which was contracted by C Co., Ltd. (hereinafter “Nonindicted Company”) for which Defendant B was the representative director.

B. On June 20, 2014, Defendant A Co., Ltd. (hereinafter “Defendant Company”) agreed to pay to the Plaintiff KRW 62 million out of the obligation of the Nonparty Company to the Plaintiff as follows, and the Defendant B jointly and severally guaranteed this obligation.

(hereinafter “instant subrogation agreement”). 1. Time of performance: At the time of the establishment of a new place of business (site) by the Defendant Company (to be scheduled to establish a astronomical G)

2. Number of reimbursement: 3 times per capita;

3. Method of redemption: Contract price for the construction work under a separate special agreement concluded;

4. Period for payment: Three times when the progress payment of the defendant company accrues.

5. New construction of reinforced concrete in Defendant Company’s workplace shall have priority, and the unit price of the contract shall be agreed upon by the Plaintiff.

C. Since then, the Defendant Company received a contract from Korea Land Trust Co., Ltd. for H seconds and I Middle School Extension Works (hereinafter “instant construction”). On November 13, 2014, the Plaintiff, who subcontracted the said construction of reinforced concrete to the Plaintiff, was performing the construction work from November 13, 2014 to April 20, 2015.

The Defendant Company paid to the Plaintiff KRW 80 million as construction cost of reinforced concrete among the instant construction works, KRW 165 million on January 30, 2015, KRW 30 million on February 13, 2015, KRW 14,72 million on May 14, 2015, and KRW 2 million on July 22, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of claim

A. We examine the case. The defendants jointly and severally established a new business place of the defendant company to the plaintiff, and the construction price of the non-party company three times at the time of the occurrence of the progress payment of the defendant company.

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