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(영문) 서울서부지방법원 2016.07.20 2016가단4450
지불각서
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 30,000,000 as well as to the day of full payment from May 22, 2016 to the day of full payment.

Reasons

In full view of the purport of the entire argument in the statement of evidence No. 1 in the judgment as to the cause of the claim against Defendant B, Defendant B Co., Ltd., the following facts are found: (a) Defendant B, by January 31, 2016, paid the Plaintiff KRW 16,00,000 as the construction cost of D Hospital until January 31, 2016; and (b) Defendant B, when Defendant B, paid the said amount, agreed to additionally pay KRW 14,00,000; and (c) Defendant B, when the said amount was due,

Therefore, Defendant B is obligated to pay to the Plaintiff 30,000,000 won with 15% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 22, 2016 to the day of full payment, as the Plaintiff seeks.

The Plaintiff asserted that Defendant C is jointly and severally liable for the reimbursement of KRW 30,000,000 as stated in the above paragraph (a) with Defendant C, but in light of the fact that D Hospital was a contract work between the Plaintiff and the Defendant B, and that Defendant C was a separate corporation, the Plaintiff’s assertion that Defendant C is jointly and severally liable for reimbursement of KRW 30,000,000 as stated in the above paragraph (a) is not accepted.

Therefore, the plaintiff's claim against the defendant Eul is accepted due to the reasons, and the claim against the defendant C is dismissed due to the lack of reasons. It is so decided as per Disposition.

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