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(영문) 서울동부지방법원 2017.02.08 2016가단6812
물품대금
Text

1. The Defendant (Appointed Party) and the Appointed Party B Co., Ltd. are jointly and severally liable to the Plaintiff for KRW 4,1250,000 and the remaining amount.

Reasons

1. Facts of recognition;

A. The Plaintiff was awarded a subcontract for the Changho Construction Work of 2914 Dong 401,00,000,000 (including value-added tax; hereinafter the same shall apply) from the Selected Co., Ltd. (hereinafter “Appointed”) to KRW 7550,000 (including value-added tax; hereinafter the same shall apply), KRW 2365,00,000,000 among the new construction work of building EF located in Seodaemun-gu, Seoul, and KRW 83,60,000,000,000 among the Construction Work of Building

B. The Plaintiff, upon completion of the construction of each of the above subparagraphs, was not paid part of the price. Around February 2, 2012, with regard to the construction of a building No. 2914 Dong 401, Dong 401, the Plaintiff calculated the unpaid amount as KRW 4.5 million and received 50% each by the end of February and the end of February. The Plaintiff calculated the unpaid amount as KRW 17.65 million with respect to the construction of a building No. D located in the foregoing subparagraph, and calculated the unpaid amount as KRW 50% each by the end of February and the end of February. In relation to the construction of a building No. 1999, the Plaintiff settled the accounts payable as KRW 34.1 million and received the completion inspection by the end of February and the end of February.

Defendant (Appointed Party; hereinafter “Defendant”) jointly and severally guaranteed each of the above payment obligations against the Appointed Party B on the same day.

Since then, the Plaintiff had decided to extend the payment date of each of the above accounts payable between the Defendant and the Selection Party B until the end of December 2013.

C. F paid to the Plaintiff totaling KRW 15 million on July 6, 2012 and February 25, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers), witness F's testimony, purport of whole pleadings

2. According to the above facts of recognition, under each of the above joint and several sureties B, the Defendant is jointly and severally liable to the Plaintiff for the above payment agreement, and the Defendant is jointly and severally liable to the Plaintiff for the above payment agreement (i.e., KRW 15 million, KRW 17.65 million, KRW 34.1 million) less the remainder of KRW 4,1250,000,000,000 paid by the Plaintiff in lieu of F (i.e., KRW 5,625 million - KRW 15 million), and the remainder of KRW 4,1250,000,000,000, which is the day following the last delivery date of the complaint of this case sought by the Plaintiff.

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