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(영문) 수원지방법원안양지원 2015.08.20 2015가합101165
물품대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and the period from January 16, 2015 to August 20, 2015.

Reasons

The facts are as follows: (a) around September 1, 2012, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant”) to enter into a contract for Cpark D repair works with the cost of construction KRW 77 million (including value-added tax; hereinafter the same shall apply); (b) around May 1, 2013, the Plaintiff entered into the contract by setting the cost of construction for C Park E and F remodeling works with the cost of construction of KRW 16.5 million; (c) the completion of all construction under each of the above contracts; and (d) on October 16, 2013 between the Plaintiff and the Plaintiff on October 12, 2013, the Defendant Co., Ltd. paid the remainder of each of the remaining construction works to KRW 300,000,000,000,000 to KRW 300,000,000,000,000 for each of the above contracts, and the remaining amount shall be paid to each of the Defendant Co.

The Plaintiff asserts that the Defendants are jointly and severally liable to pay the said money and its delay damages to the Plaintiff, since the Defendants did not pay KRW 270 million out of KRW 300 million as stipulated in the instant agreement.

In light of the above facts, as of July 23, 2015, the date of the closing of argument in the instant case, the maturity of KRW 230 million, out of the KRW 300 million stipulated in the instant agreement as of July 23, 2015, has arrived. Unless there are special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of KRW 200 million after deducting the said KRW 30 million paid from the said KRW 230 million and the damages for delay. Therefore, the Plaintiff’s above assertion is with merit within the scope of recognition.

As to the defendants' defense, with the consent of the plaintiff, the defendants are exempted from the above remaining debt of 17 million won against the plaintiff.

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