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(영문) 대구지방법원김천지원 2019.12.18 2019가단2458
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 48,350,000 and the interest rate thereon from June 21, 2019 to the date of full payment.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 2, 3, 4, and 2 and 5:

The plaintiff operates E in the Gu, US, and the defendants operate the company of the trade name called "H" after completing business registration under the name of the defendant B in the F building G in the Daegu-gu F building G.

B. On July 24, 2018, the Plaintiff entered into a contract with the Defendants on the condition that the contract amount of KRW 63,000,000 for the “I development case” and the delivery period of KRW 63,00,00 for domestic trial operation and Chinese JCC 9/WC 9 days and the supply thereof (hereinafter “instant supply contract”).

C. At the time of the instant supply contract, KRW 18,900,000,00 for advance payment, KRW 37,800,000 for 15 days after entering into the contract, and the intermediate payment, KRW 6,300 for the current month after entering into the court, and the Defendant agreed to pay KRW 18,000,000 for the instant supply contract and KRW 25,000 for the instant supply contract.

As to the instant supply contract, the Plaintiff and the Defendants traded in addition to the instant supply contract, and the Plaintiff supplied the Defendant with an amount equivalent to KRW 111,166,00,000.

The Defendants received KRW 57,920,000, including the amount described in the subsection, and paid KRW 4,889,610 (including value-added tax) by selling materials is the Plaintiff.

E. The Plaintiff requested the Defendants to prepare a notarial deed on the outstanding amount receivable in transactions with the Defendants (i.e., KRW 111,166,00 (= KRW 57,920,00) - KRW 4,889,610).

The Defendants, on April 4, 2019, agreed that Defendant B shall pay the remainder of 50% in April 7, 2019, with the total amount of KRW 48,350,000,000, and Defendant B shall pay the remainder of 50% in May 2019, and 50% in June 2019, and Defendant C shall pay the remainder of 50% in joint and several surety.

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