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(영문) 수원지방법원여주지원 2016.08.30 2015가단25497
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,80,000 and the interest rate of KRW 15% per annum from November 22, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On June 4, 2011, the Plaintiff entered into a contract for manufacturing and installing two elevators at the site of a newly constructed construction project for multi-household houses on the ground B located in Gyeonggi-gun, Gyeonggi-do (including value-added tax) for the price of KRW 67,100,000 for August 15, 201, and the down payment of KRW 13,420,000 for intermediate payment of KRW 40,260,000 within seven days after the commencement of the contract, and within 15 days after the commencement of the contract, the remainder of KRW 13,420,000 for late payment of KRW 13,420,00 for each payment at the time of application for the completion inspection.

B. The Plaintiff produced and installed two elevator units, and the Busan General Construction Co., Ltd. paid only KRW 33,550,000 out of the above price to the Plaintiff.

C. On December 13, 2011, the Defendant issued and delivered a cash custody certificate (Evidence A 1-2) and “the Defendant received KRW 25,800,000 on December 25, 201,” stating that “The Plaintiff borrowed KRW 25,80,000 from the Plaintiff and agreed that the due date shall be 20 days after the completion of the payment period” to the Plaintiff.

The manufacture and installation of the above elevator was completed on December 201, and the building ledger following the construction of the above multi-household housing was newly prepared on August 17, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 4, the purport of the whole pleadings

2. According to the above facts of recognition as to the plaintiff's cause of claim, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 25,800,000 and damages for delay.

3. Judgment on the defendant's defense of extinctive prescription

A. In light of the fact that the remaining payment date between the Defendant’s defense and Busan Integrated Construction Co., Ltd. is the time of applying for an inspection of completion of an elevator, the starting point of the extinctive prescription of the Plaintiff’s claim against the Defendant based on the above loan certificate and cash storage certificate is around December 201, which is the time of the completion of the manufacture and installation of the above elevator, and the three-year period under Article 163 subparag. 3 of the Civil Act.

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