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(영문) 제주지방법원 2016.09.27 2015가단56757
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 69,070,853 as well as 15% per annum from January 6, 2016 to the date of full payment.

Reasons

1. Comprehensively taking account of the respective descriptions of evidence Nos. 1 through 4 and the purport of the entire pleadings as to the cause of the claim, Defendant B entered into a contract with the Plaintiff on June 1, 2014 on the lease of the necessary temporary materials, such as water pumps at the construction site, and Defendant C’s joint and several surety for the Plaintiff at the time of the said contract. The fact that Defendant B leased the temporary materials of KRW 70,416,308 from the Plaintiff to October 31, 2015, and used the leased temporary materials of KRW 70,416,308, and Defendant B paid KRW 1,345,455 to the Plaintiff, barring any special circumstance, the Defendants jointly and severally liable to the Plaintiff at the rate of KRW 69,070,853 (=70,416, 308, 1345, - 455% of the annual interest rate of KRW 16,516).

2. Defendant C Co., Ltd.: (a) paid KRW 6,00,000 to the Plaintiff on August 2014 as the repayment of the foregoing rent; and (b) as it holds claims that can set off against the Plaintiff, the Plaintiff’s claim of this case was unreasonable; (c) however, there is no evidence to acknowledge it; and (d) there is no evidence to acknowledge it.

3. Conclusion, the plaintiff's claim of this case against the defendants is justified.

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