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(영문) 창원지방법원진주지원 2016.08.12 2016가단4132
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 49,50,000 and the interest rate thereon from May 18, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 11, 2015, the Plaintiff completed the interior work by being awarded a contract by Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). In relation to the payment of the said construction cost, the Defendant Co., Ltd. issued and delivered a payment note stating that “53,00,000 won (excluding value-added tax) shall be paid in lump sum by the Defendant Co., Ltd. upon completion of the first bank work after completion of the completion of the C convalescent, but the period shall be the date of occurrence of financial loans in 2015.”

B. On April 4, 2016, Defendant B, the representative director of the Defendant Company and the Defendant Company, prepared and delivered a letter of undertaking to the Plaintiff regarding the payment of the said construction cost as follows:

(hereinafter referred to as “instant letter of undertaking”). The Plaintiff’s obligor: The amount agreed upon by the Defendant Company’s obligor: KRW 53,000,000 for the obligation of the construction cost for the hospital: KRW 49,50,000: The due date for the payment of KRW 49,50,000: ① April 28, 2016; ② KRW 15,000,000 on May 20, 2016; ③ KRW 10,000,000 on June 20, 2016; ④ KRW 10,000,000 on July 20, 2016; and ⑤ KRW 9,500,500 on August 30, 2016; and ④ The foregoing promise is not subject to any measure to nullify or invalidate the law.

Obligor: Defendant B

C. The Defendants did not fully perform the Plaintiff’s obligation under the instant promise until the date of closing the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of 49,500,000 won due to the instant commitment and delay damages calculated at the rate of 15% per annum from May 18, 2016 to the date of full payment, which is the day following the last delivery of the instant payment order, to the day of full payment.

The Defendants shall pay remuneration upon the occurrence of defects in the interior works executed by the Plaintiff.

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