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(영문) 대구지방법원 2019.04.25 2019가단1654
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 76,50,000 and 5% per annum from December 20, 2018 to April 25, 2019.

Reasons

1. The fact that confession is made (the main sentence of Article 150 (3) of the Civil Procedure Act and Article 150 (1));

A. The Defendants are under the Housing Construction and Sales Business Act as married couple.

B. On June 12, 2017, the Plaintiff received a supply of the cost of construction from Defendant B to KRW 60,000,000 (excluding value-added tax) among the three new construction projects in the name of Defendant C, the construction work was completed by July 15, 2017.

The construction cost has been increased and finally determined in KRW 71,485,00.

From May 8, 2017 to September 28, 2017, Defendant B paid a total of KRW 63,000,000 for four occasions, and the remainder of the construction cost of KRW 8,00,000 ( KRW 485,00) has not been paid.

C. On July 5, 2017, the Plaintiff received a supply of KRW 88,500,000 (value-added tax separate) from Defendant B and completed construction work until November 5, 2017.

Defendant B does not pay the full amount of the construction cost.

On August 22, 2018, Defendant B prepared to the Plaintiff a letter of commitment to pay the total amount of KRW 96,500,000,000 for the payment of the said construction cost by September 30, 2018, and Defendant C guaranteed Defendant B’s debt.

2. The Plaintiff was the Plaintiff, and the Defendants paid KRW 20,000,000 from the Defendants following the instant lawsuit, and the remaining amount payable is KRW 76,50,000.

3. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff 76,50,000 won and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from December 20, 2018 to April 25, 2019, the day following the delivery date of a copy of the complaint of this case, which is the day of the judgment of this case, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Plaintiff

All claims are justified, and they are accepted.

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