(영문) 제주지방법원 2019.01.22 2018가단5187

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(영문) 제주지방법원 2019.01.22 2018가단5187

보증채무금

Text

1. The defendant shall pay 68,00,000 won to the plaintiff and 15% per annum from August 2, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On August 26, 2013, the Plaintiff and C Co., Ltd. (hereinafter “C”) entered into an agreement with the following terms (hereinafter “instant agreement”) and the Defendant affixed a seal to the lower part of the instant agreement as the confirmation agent.

1. In paying the Plaintiff’s construction cost of KRW 68,00,000 to Category D (D) construction cost, KRW 30,000 shall be paid first and the balance shall be paid with financing loans after completion.

2. The defendant and C, the representative of the executor, shall be notarized to pay 68,000,000 won after completion.

3. The plaintiff will not make subsequent provisional attachment or other legal measures with the preparation of this Agreement.

4. When a loan is executed after completion, the representative defendant shall be liable for and pay the remaining amount of the plaintiff.

5. 30 million won shall be deposited by September 3, 2013.

B. Although the Plaintiff completed the instant instant wooden construction under the instant agreement, the construction was completed, the construction was conducted only up to the frame of outer walls, roof, etc., despite the commencement of the construction of multi-household housing on ten parcels, including Gangwon-gun E, the entire construction of the instant construction project, and the construction has not been resumed until now since around 2014, which was after the instant agreement.

C. C was ordered to be dissolved on December 5, 2016. On March 13, 2018, the Plaintiff filed a lawsuit with Jeju District Court (2017da7490) for the claim for construction price under the instant agreement with C, and filed a lawsuit with the Jeju District Court (2017da7490), and rendered a favorable judgment on March 13, 2018 that “C shall pay to the Plaintiff the amount of KRW 68,000,000 and the amount calculated at the rate of 15% per annum from January 20, 2018 to the date of full payment.” However, the Plaintiff was not paid the construction price at all.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-1, 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1 by the Plaintiff is that the Defendant shall pay the Plaintiff the unpaid construction cost of KRW 68,000,000,000.

유사 판례

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