(영문) 의정부지방법원고양지원 2019.01.16 2018가단6320

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(영문) 의정부지방법원고양지원 2019.01.16 2018가단6320

공사대금

Text

1. The Defendant shall pay the Plaintiff KRW 135,00,000 and the interest rate of KRW 15% per annum from May 25, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. From the year of 2004, the Plaintiff has been engaged in a transaction in which C (hereinafter “Nonindicted Company”) received sewage from a department store or shopping mall, such as household production of clothing stores in the department store or shopping mall, and received sewage, and paid the price.

1. 135 million won shall be paid separately among the debts previously incurred on or before June 30, 2015;

2. Paragraph 1 amount shall be repaid to the Plaintiff by the non-party company at the end of 2.5 million won per month.

Provided, That if the repayment is not paid more than three times, the defendant shall pay the guarantor.

3. The settlement of goods ordered by the non-party company must be paid to the Plaintiff at the end of the following month.

4. The plaintiff must immediately notify the non-party company of the production price and/or parts of the production price at the time of ordering.

5. The Plaintiff may not demand any unfair demand on the security of the ordered volume.

6. In the event that any of the items of paragraphs 4 and 5 is not observed, the Plaintiff is liable to exempt the non-party company and the Defendant from the liability incurred.

B. On September 10, 2015, the Plaintiff and the sub-committee drafted a written agreement (hereinafter “instant agreement”) with the following content, and the Defendant, the actual operator of the non-party company, signed the said agreement as the guarantor.

C. The non-party company did not fully perform its installment obligations of KRW 2.5 million as stipulated in the instant agreement by the end of 2015.

[Grounds for recognition] The descriptions of Gap 1, 2, 3, and 4 and the purport of the whole pleadings

2. Assertion and determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from May 25, 2018 to the day following the delivery date of a copy of the complaint under the agreement of this case, which is the day after the due date for payment, to the day after full payment.

B. The defendant's defense 1) The defendant's defense to extinguish the obligation due to the violation of the plaintiff's agreement of this case.

참조조문

-소송촉진 등에 관한 특례법

유사 판례

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