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(영문) 대구지방법원김천지원 2016.09.08 2016가단147
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 10 million won and the interest rate from April 29, 2016 to the day of complete payment.

Reasons

The Plaintiff entered into a contract with Defendant B for a civil engineering work for building a factory site on the 19372m2m2 in Yongcheon-si, Youngcheon-si, and the construction work was performed from December 2, 2013 to March 2, 2014. At the time of the said oral contract, Defendant B paid the total of 20% of the expenses actually incurred and actually incurred.

(C) The fact that there is no dispute, A1-3, and the purport of the entire pleadings). Defendant E drafted, February 23, 2014, in the process of the said construction, a letter of payment for the said construction cost, to the Plaintiff, and Defendant D, E, and E, March 1, 2014, drafted a letter of payment for the said construction cost (A 3) on the Plaintiff.

The above land was purchased from Defendant B (A1-2) on May 19, 2014, before the completion of the registration of ownership transfer, and the execution of provisional seizure (the claimed amount of KRW 113,882,700) by the Plaintiff was completed (A-1, B5-1), and on June 23, 2014, the registration of ownership transfer was completed due to the above sale in the future of the Plaintiff’s provisional seizure (the claimed amount of KRW 113,882,70) and the registration of ownership transfer was completed on June 23, 2014 (the representative director

(A1-1) On August 12, 2014, Defendant B, C, and D shall be paid KRW 119 million in daily amount to the Plaintiff as of October 31, 2014, and a written statement of payment was prepared to the effect that the due date of a promissory note equivalent to the above amount shall be December 31, 2014 (A-2). On the same day, the Plaintiff filed an application for the cancellation of provisional attachment execution on the same day, and then the record was cancelled (A-1, B-5), and Defendant B issued a promissory note with face value of KRW 119 million at face value to the Plaintiff around that day, and due date on December 31, 2014.

(A7) The data submitted by the Plaintiff in the instant case (A7) were presented to Defendant B at the time of the preparation and issuance of the above payment note and the promissory note (C), and the Defendant B appears to have confirmed that: (a) the data submitted by the Plaintiff in the instant case were presented to Defendant B at the time of the preparation and issuance of the above payment note.

(The purport of the entire pleading). Accordingly, Defendant B is the contractor of the above construction, and the remainder of the Defendants concurrently acquired or jointly guaranteed the obligations of Defendant B.

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