logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.08.30 2016가합10557
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 113,00,000 and each year from November 4, 2015 to July 5, 2018.

Reasons

1. Facts of recognition;

A. On March 15, 2014, Defendant B entered into a contract for the construction of the F Hotel in the name of D Co., Ltd. (hereinafter “D”) with the Plaintiff for the instant construction of the EF Hotel located in Seocho-si (hereinafter “instant construction”).

B. 1) Defendant C Co., Ltd. (hereinafter “C”) that the Plaintiff transferred part of the instant construction cost to the account of D.

(2) On March 3, 2015, Defendant B used funds for acquiring the instant construction works as a means of acquiring funds. In the presence of the Plaintiff, D representative director G, and H, a field director of the instant construction works, Defendant B drafted a letter of payment promising to pay KRW 2300,000,000,000 to the Plaintiff for an unduly useful fact regarding the instant construction works, and to pay KRW 10,000,000 to the Plaintiff until March 30, 2015, and KRW 13,000,000,000 to April 30, 2015.

3) On March 3, 2015, Defendant B prepared a statement of payment that changed the timing for payment of the above amount to KRW 100 million until March 31, 2015, and the remaining KRW 1300,000 to May 30, 2015, and Defendant C signed and sealed the statement of payment as joint and several sureties (hereinafter “the first statement of payment”).

(c) On August 7, 2015, Defendant B written a statement of payment stating that “The Defendant B shall pay KRW 100 million borrowed in connection with the instant construction project, KRW 50 million until August 31, 2015, and KRW 50 million until September 30, 2015” (hereinafter “instant secondary statement of payment”).

(D) Defendant B paid to the Plaintiff KRW 90,000,000,000 to the Plaintiff on September 5, 2015, and on October 28, 2015 and November 3, 2015, KRW 20,000,000,000,000,000, respectively. [based on recognition] fact that there is no dispute, Party B’s evidence (including the serial number, 1,2 evidence, witness H, and the purport of the entire pleadings.

2. The parties' assertion

A. The Plaintiff did not agree with the Defendants on the content of the instant secondary payment note, and the said payment angle is in the Plaintiff’s office around August 7, 2015.

arrow