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(영문) 의정부지방법원 2019.04.17 2018가단18979
공사대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for 74,546,850 won and the period from December 19, 2015 to October 12, 2018.

Reasons

1. The Plaintiff’s determination as to the cause of the claim was based on the contract that the Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd.”) contracted for Gangwon-domination in the course of the Newly incorporated construction; the amount equivalent to KRW 74,546,850, which the Defendant Co., Ltd. should pay to the Plaintiff during the Newly incorporated construction; the Defendant D, a real manager of the Defendant Co., Ltd, promised to pay KRW 74,546,850, the amount of the value-added tax settlement by December 18, 2015 to the Plaintiff by December 18, 2015; the fact that the Plaintiff prepared a written confirmation to the effect that he/she would be held liable for civil and criminal liability if the said promise is violated, is either disputed between the parties, or recognized in accordance with the purport of each of

According to the above facts, it is reasonable to view that Defendant D agreed to pay the above settlement amount by December 18, 2015 with the Defendant company by preparing the above written confirmation to the Plaintiff. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff the above settlement amount of KRW 74,546,850, and damages for delay calculated at the rate of 6% per annum prescribed by the Commercial Act from December 19, 2015 to October 12, 2018, which is the day following the payment date of the above settlement to the Plaintiff.

2. The Defendants asserted that, in the course of demanding the above amount to be settled by F of the Plaintiff Company, the Defendants paid the above amount of KRW 35 million in addition to the expenses paid during the above construction process, and paid the above amount of KRW 35 million in full.

In light of the fact that there is no evidence to acknowledge that the F was entrusted by the Plaintiff with the authority to receive the above settlement amount, even if the Defendants paid money to F, it does not take effect the repayment of the above settlement amount to the Plaintiff.

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