logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2016.11.16 2016가단2718
약정금등
Text

1. The Plaintiff:

A. The Defendants jointly share KRW 50,000,000 and the Defendants jointly do so from November 3, 2015 to March 4, 2016.

Reasons

1. Determination as to the Defendants’ claim for the agreed amount

A. On September 2, 2015, the Plaintiff entered into an agreement with the Defendants on the following grounds: (a) the supervision of F Hospital, which was in the construction of the land E on the original city’s ground; and (b) the design and supervision of the buildings, etc. to be newly constructed on the land outside G and four parcels; (c) but (d) the Plaintiff agreed to provide the Plaintiff with a separate compensation to be recognized by the Plaintiff, if the said work

On the same day, the Plaintiff transferred KRW 3 million to Defendant C, and from the Defendants, the Defendants acknowledged that the Plaintiff lent KRW 3 million to the initial progress fund for the completion of the construction of F Hospital, and paid KRW 5 million to the Plaintiff within two months. The Plaintiff received a loan certificate signed and sealed by Defendant C as the borrower and Defendant B as the guarantor.

[Ground of Recognition] Regarding Defendant B: In the absence of dispute, each entry in Gap evidence 2 through 4, and the purport of the whole pleading against Defendant C: Presumption of Confession

B. (1) According to the above facts of recognition, the Defendants are jointly obligated to pay jointly to the Plaintiff the agreed amount of KRW 5 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from November 3, 2015 to March 4, 2016, the copy of the complaint of this case was served on the Defendants, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

(1) The plaintiff filed a claim against the defendants for a "joint and several payment", but according to the Gap evidence No. 3, the defendant Eul merely ordered the defendants to pay a "joint payment" amount. (2) As to this, the defendant Eul ordered the plaintiff to pay a loan amount of KRW 3 million under the condition that the plaintiff invests KRW 600 million at the construction site of the original state. Since the plaintiff failed to invest KRW 60 million, the plaintiff paid an additional amount of KRW 2 million as well as KRW 3 million.

arrow