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(영문) 서울남부지방법원 2016.07.12 2015가단229321
공사대금
Text

1. The Plaintiff:

A. Defendant B is from October 11, 2015 to KRW 175,000,000, and Defendant C is with Defendant B.

Reasons

1. Facts of recognition;

A. On June 25, 2014, Defendant D ordered Defendant B to undertake a new construction of Seoul E/F-based officetels.

On September 17, 2014, the Plaintiff: (a) designated the construction cost of reinforced concrete construction and non-interform construction among the above construction works as KRW 130,00,000; and (b) completed the construction work by receiving a subcontract for a glass construction project, the passenger voting construction project, and the miscellaneous construction project under a subcontract for the construction cost of KRW 29,00,000.

B. The Plaintiff received the remainder of KRW 120,000,000, out of the total construction cost of KRW 159,000,000, and did not receive the remainder of KRW 120,000.

Defendant D agreed to pay to the Plaintiff KRW 110,000,000, out of the paid construction cost on behalf of Defendant B.

C. After lending KRW 70,000,000 to Defendant B, the Plaintiff was unable to receive the principal of KRW 55,000,000 as of October 23, 2014.

Defendant C, the husband of Defendant B, guaranteed the repayment of the above loan by Defendant B.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Determination

A. According to the facts described in paragraph (1), Defendant B is obligated to pay the Plaintiff the unpaid construction cost of KRW 120,000,000 (the following day when the complaint of this case was served on the Defendant) and the unpaid construction cost of KRW 55,000,000) from October 11, 2015 (the day following the day when the complaint of this case was served on the Defendant), Defendant C is jointly and severally and severally with Defendant B to pay the amount of KRW 5,000,000 out of the above loans and the delay damages calculated at a rate of 15% per annum from the following day of October 11, 2015 (the day following the day when the complaint of this case was served on Defendant C) to the day of full payment, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until the day of full payment, and Defendant D is obligated to pay the amount of KRW 110,000,000 and annual interest rate of KRW 35,015.

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