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(영문) 의정부지방법원고양지원 2020.10.14 2020가단3874
공사대금
Text

The Defendants are jointly and severally liable to the Plaintiff for KRW 72,00,000 and the Defendants B from May 13, 2020, and Defendant C from May 13, 2020.

Reasons

1. Around March 2018, the Defendants agreed to jointly operate a dental hospital with the trade name “F” in the building No. D on the grounds of the claim claim-based D, Suwon-gu, Suwon-gu, and agreed to pay KRW 72,00,000,00 in installments each month from April 25, 2018 to the Plaintiff, the contractor, the contractor of the hospital, as the contractor of the hospital (hereinafter “instant payment agreement”). The Defendants’ loss of the benefit of the deadline due to the Defendants’ failure to fully repay the said installment amount may be acknowledged by comprehensively taking into account the respective entries and arguments set forth in subparagraphs 1 through 5 (including the serial number), and there is no counter-proof.

According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 72,00,000,000, which is the delivery date of the copy of the complaint of this case, from May 13, 2020 to the delivery date of the copy of the complaint of this case, and the Defendant C is jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 12% per annum from August 5, 2020 to the day of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

2. Defendant B’s assertion asserts that Defendant C paid the full amount of the construction balance in installments to the Plaintiff following the instant payment agreement.

However, there is no evidence to acknowledge the above assertion by Defendant B, and the above assertion is without merit.

3. The plaintiff's claim against the defendants is justified, and all of the claims are accepted. It is so decided as per Disposition.

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