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(영문) 제주지방법원 2020.06.09 2020가단54274
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 43,00,000 and the interest rate thereon from December 21, 2019 to the date of full payment.

Reasons

Upon the request of Defendant B (hereinafter “Defendant Company”), the Plaintiff performed the instant construction work, and the Plaintiff completed the said construction, and the construction cost of KRW 43,00,000 was incurred, and the Defendant Company agreed to pay the said construction cost to the Plaintiff on July 8, 2019, by adding damages for delay calculated at the rate of 15% per annum from the date following the due date for payment, and if the payment is not made, the fact that Defendant C, the representative director of the Defendant Company, has guaranteed the said obligation to the Defendant Company, is either not in dispute between the parties or can be acknowledged by the purport of the entire statement and pleading in the evidence No. 1.

According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 43,000,000 won and damages for delay calculated by the rate of 15% per annum, which is the overdue damages rate from December 21, 2019 to the date of full payment after the due date.

Defendant Company: (a) did not receive construction cost related to the construction of a new building in which the instant construction was carried out; (b) did not exercise a lien while occupying the said building; (c) did not have any evidence to acknowledge that the third party deprived of possession of the said building and lost a lien; and (d) did not cooperate with the Plaintiff to offset the Plaintiff’s claim against the damage claim arising therefrom.

Therefore, the plaintiff's claim against the defendants is justified and all of them are accepted, and it is so decided as per Disposition.

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