(영문) 대구지방법원 2020.05.08 2019가단23258

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(영문) 대구지방법원 2020.05.08 2019가단23258

약정금

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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 53,00,000 and the period from May 1, 2019 to November 18, 2019.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established primarily for the construction of buildings, civil engineering and construction businesses, and Defendant C is a person whose corporate register is recorded as an auditor of the Defendant Company and who actually operates the Defendant Company.

B. around 2018, Defendant Company contracted D with various construction works, such as housing and commercial building construction works, and D subcontracted part of the construction works contracted by Defendant Company to the Plaintiff again.

C. Although the Plaintiff completed all subcontracted construction works from D, it was found that D did not pay the construction cost, and Defendant C demanded the direct payment of the construction cost.

Accordingly, Defendant C prepared and delivered to the Plaintiff a letter of undertaking to pay KRW 50 million, which is the balance of the construction cost on January 7, 2019, by January 16, 2019, to the effect that the Defendant Company promised to pay the remainder by the end of January 2019 (hereinafter “the first letter of undertaking to pay”). D. As the Defendant Company did not pay the construction cost by the expiration of the first letter of undertaking to pay the remainder, the Plaintiff demanded the payment of the construction cost by finding Defendant C again on April 1, 2019. Accordingly, Defendant C paid the remainder by April 15, 2019 to the Plaintiff by the end of the first letter of undertaking to pay the remainder by April 30, 2019 (hereinafter “the second letter”).

E. On April 15, 2019, Defendant Company transferred KRW 17 million to D by account transfer, and the Plaintiff received the said KRW 17 million from D and appropriated the payment for the said construction cost.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, witness E and F's testimony, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendants are jointly and severally liable to the Plaintiff in accordance with the instant 1 and 2 payment commitment.

유사 판례

-서울중앙지방법원 2020.09.24 2018가합539884

-창원지방법원통영지원 2017.07.05 2016가단22874

-서울서부지방법원 2015.07.16 2014가합33567

-울산지방법원 2020.12.10 2019나15250

-서울중앙지방법원 2017.10.27 2016가합539446