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(영문) 의정부지방법원고양지원 2016.11.18 2016가단5941
각서금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 23,00,000 and Defendant B with respect thereto from March 23, 2016, and Defendant C.

Reasons

1. Defendant B planned a new construction of a building (hereinafter “new construction of this case”) on the Da and three parcels, Chungcheongnam-gu, Chungcheongnam-gu, 2013. The Plaintiff, upon introduction, planned a new construction of a building (hereinafter “new construction of this case”); Defendant B, around January 23, 2014, prepared a written confirmation stating that he would pay KRW 23,000,000 to E for the remaining construction cost of “the tree trees and steel works”; and around January 27, 2014, written confirmation that he would pay KRW 23,00,000 to the Plaintiff; and the fact that Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) provided joint and several sureties’s debt of KRW 23,00,000,000 to Defendant B’s aforementioned 23,00,000,000 with the overall number of pleadings or the overall number of pleadings can be acknowledged.

(1) In light of the aforementioned facts, Defendant Company’s employees of Defendant Company (“Defendant Company”) are jointly and severally liable for the Plaintiff as it guaranteed “ Defendant B’s obligation to the Plaintiff.” However, in light of the circumstances where Defendant Company (“Defendant Company”) agreed to notify the Plaintiff and to pay the said amount after having been present at the Plaintiff as set forth in the lower court’s evidence No. 1, it is reasonable to deem that Defendant Company jointly and severally guaranteed the contract for the construction of steel and the contract for the construction of steel. Meanwhile, as long as the Plaintiff actually concluded and executed the contract for the construction of steel, Defendant Company is jointly and severally liable for the Plaintiff. In full view of the above facts of recognition, Defendant Company is obligated to pay KRW 23,00,000 to the Plaintiff who performed the construction of steel work of this case, and Defendant C is jointly and severally liable for the payment of the said amount equivalent to the said amount

Therefore, the Defendants jointly and severally liable to the Plaintiff for KRW 23,00,000 and the subsequent day after the delivery of a copy of the instant complaint as sought by the Plaintiff. Defendant B from March 23, 2016, and Defendant C Co., Ltd. on April 2016.

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