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(영문) 인천지방법원부천지원 2020.04.22 2019가단30626
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 30,500,000 and the interest thereon from December 14, 2019 to the date of full payment.

Reasons

The plaintiff entered into a contract with the defendant Eul for the construction work cost of KRW 30,50,00,00 in the construction site of the Dongbcheon-si, Dongcheon-si, and completed the above construction work. The defendant C jointly and severally guaranteed the above construction cost obligation against the plaintiff of the defendant Eul on January 1, 2019. The plaintiff and the defendant Eul may recognize the above facts as they are, by adding the whole purport of the arguments in the items of the evidence Nos. 1 and 2. The plaintiff and the defendant C shall be deemed to have led to the confession of the defendant C pursuant to Article 150 of the Civil Procedure Act.

As to this, Defendant B asserted that the Plaintiff received multi-household housing as payment in lieu of the above construction price, but there is no evidence to acknowledge this, and Defendant B’s assertion is not accepted (it does not take effect until the Plaintiff actually receives the registration of transfer of ownership for the above multi-household housing even if Defendant B and the Plaintiff entered into the payment in lieu of the above payment in lieu of the above construction price). Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 30,500,000 won for construction price and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 14, 2019 to the date of complete payment.

If so, the plaintiff's claim of this case is justified and accepted.

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