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(영문) 인천지방법원 2019.08.20 2019가합544
공사대금
Text

1. The Defendant is jointly and severally and severally with C and D to KRW 374,50,00,000 and the Plaintiff as to the aforementioned amount from March 18, 2017 to December 12, 2018.

Reasons

According to the facts without dispute between the parties and the purport of the entire statements and arguments as to Gap's evidence Nos. 1 through 3, the plaintiff was awarded a contract for construction cost of KRW 379,500,000 in Incheon Metropolitan City by C around August 2014. The plaintiff completed the construction work under the above contract, but C did not pay KRW 374,50,000 out of the construction cost. The representative director D of C agreed on March 8, 2017 to pay KRW 374,50,000 to the plaintiff by March 17, 2017. The defendant is recognized as a joint and several surety on the same day.

Therefore, the Defendant, jointly and severally with C and D, has the obligation to pay the Plaintiff KRW 374,50,000 as well as 6% per annum under the Commercial Act from March 18, 2017 to December 4, 2018, which is the delivery date of a copy of the complaint in this case, from March 18, 2017 to December 4, 2018; 15% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until May 31, 2019 (amended by Presidential Decree No. 29768, May 21, 2019); and the interest rate per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).

Therefore, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.

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