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(영문) 수원지방법원 성남지원 2021.03.04 2020가단225533
공사대금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 30,800,000 and 6% per annum from December 1, 2019 to September 14, 2020.

Reasons

Attached Form

The facts in the cause of the claim are either not disputed between the Plaintiff and the Defendant B, or acknowledged by comprehensively taking account of the overall purport of the pleadings as to each of the items in the evidence Nos. 1 through 3, and it is deemed that the Plaintiff and the Defendant C were not present on the date of pleadings without submitting a written answer (Article 150(3) of the Civil Procedure Act). Defendant B exempted Defendant C’s obligation by delivering the written payment for the construction price to the Plaintiff by giving the written payment for the construction price to the Plaintiff.

However, the above circumstance alone is difficult to recognize that B’s obligation to the Plaintiff was exempted, and there is no other evidence to acknowledge it.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 30,800,000 and the amount of delayed damages calculated at the rate of 6% per annum under the Commercial Act from December 1, 2019 to September 14, 2020, which is the date of the final delivery of the instant complaint from September 14, 2019, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the Plaintiff’s claim against the Defendants is with merit.

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