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(영문) 서울중앙지방법원 2016.01.14 2014가단5342127
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 45,809,800 won and the period from September 19, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The following construction contracts (hereinafter “instant contract”) were concluded between the Plaintiff and the Defendant medical corporation A (hereinafter “Defendant A”).

On April 24, 2013, the second construction project consisting of KRW 66,00,000 for telecommunications remodeling project on April 24, 2013, and the third construction project consisting of KRW 39,443,000 for an integrated network building project on January 2014.

5. Installation of CCTV; 6,366,800 won;

B. The Plaintiff completed the construction under each of the instant contracts, and undergone an inspection/inspection on May 28, 2013 for the primary construction works from Defendant A; on March 5, 2014 for the secondary construction works; on May 30, 2014 for the third construction works; and on May 30, 2014, respectively.

C. Although Defendant A paid the first construction cost to the Plaintiff, Defendant A did not pay KRW 45,809,800 (=39,443,000 KRW 6,366,80).

On August 26, 2014, Defendant A, the chief director of Defendant A, agreed with the Plaintiff to pay the unpaid amount to Defendant A jointly and severally with Defendant A.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination on the cause of the claim

A. According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 45,809,800, and damages for delay as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings at the rate of 20% per annum from September 19, 2015 to September 30, 2015, which is obvious from the date following the delivery of the written change of claim and the cause of claim in the instant case, as the Plaintiff seeks.

B. As to this, the Defendants asserted that part of the amount should be reduced because the Plaintiff entered into a contract at an unreasonably low price with the urgency and no yellow dust in the second construction works.

In this regard, the above argument is a civil law.

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