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(영문) 서울중앙지방법원 2015.07.24 2013가합86118
용역비 등
Text

1. The Plaintiff, Defendant A limited liability company, KRW 191,00,00, and Defendant B and C, jointly and severally, KRW 26,200,00 and each of the above.

Reasons

1. Basic facts

A. The status of the parties is a company that carries on the design and design engineering service business. Defendant A limited liability company (hereinafter “Defendant A”) is a company that engages in the retail business of interior materials, etc., Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that engages in household trade, wholesale and retail business, and interior design, etc., and Defendant C is a director of Defendant A and in-house director of Defendant B.

B. On March 2011, the Plaintiff, Defendant A, and B entered into the instant interior contract, etc., and the E located in Seongdong-gu Seoul Metropolitan Government D (hereinafter “E”).

2) On the second underground floor “F-public, G-temporary, B-H temporary burial contract” (hereinafter “the interior construction contract in this case”).

(2) The Plaintiff and the Defendants agreed to settle the price for the part of the instant construction works executed by the Plaintiff at KRW 58 million.

3) On February 7, 2012 below Defendant C’s joint guarantee, Defendant C issued a promissory note with face value of KRW 58 million and payment date as of February 28, 2012 for the payment of the said construction cost to the Plaintiff. 4) Meanwhile, the Plaintiff was paid KRW 31.8 million from the said Defendants.

【Ground for recognition】 The fact that there is no dispute, Gap’s evidence 1 through 3, Gap’s evidence 7, Gap’s evidence 10-1 and 2, witness H’s testimony, and the purport of the whole pleadings

2. Determination as to claims against Defendant B and C

A. According to the reasoning of the judgment on the Plaintiff’s assertion, Defendant B and C shall jointly and severally calculate to the Plaintiff the unpaid construction cost of KRW 26.2 million (i.e., the total construction cost of KRW 58 million - the person who was paid to the Plaintiff) and the ratio of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff from December 10, 2013 to the day of full payment.

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