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(영문) 창원지방법원진주지원 2020.02.12 2019가합46
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts below the underlying facts do not conflict, or are recognized by comprehensively considering the respective descriptions of Gap evidence Nos. 1 to 4, Eul evidence No. 1 (including numbers), and the whole purport of the arguments.

A. The Plaintiff, under the trade name of F, is a person engaged in a creative and steel construction business; G Co., Ltd. (hereinafter “G”) was established for the purpose of civil engineering and construction business; and was dissolved on December 11, 2017; H Co., Ltd. (hereinafter “H”) was established for the purpose of civil engineering and construction business; and was dissolved on December 3, 2018.

B. On July 2008, the Plaintiff sent to G a list of accounts settlement amounts of KRW 235,413,136 to the remainder amount of construction works, such as Changho Construction and Iron Construction, etc.

C. On August 6, 2008, the Plaintiff, H, G, and the Defendants: (a) exempted the Plaintiff from the obligation to pay the amount payable to the Plaintiff; and (b) concluded a contract for debt assumption and performance (hereinafter “instant contract”) with the content that the Defendants agreed to jointly and severally guarantee the obligation of G.

2. Summary of the parties' arguments

A. Plaintiff 1) The Plaintiff completed the construction work upon receiving a demand for the construction work of the building on the land of 1,35,413,136 won out of the construction price, and 235,413,136 won was not paid out of the construction price. Under the instant contract, G acquired the above construction cost obligation of H and the Defendants jointly and severally guaranteed this obligation. The Defendants jointly and severally liable to pay to the Plaintiff KRW 235,413,136 as the said joint and several liability obligation to the Plaintiff. 2) Since the Defendants’ obligations against the Plaintiff are the contractual obligation under the instant contract, the civil extinctive prescription period of 10 years is applicable. In the real estate auction procedure conducted by Jinwon District Court for the instant building, the period of prescription of the said obligation was interrupted by demanding the Plaintiff to distribute on July 6, 2012.

B. The Plaintiff is the Plaintiff.

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