logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원동부지원 2015.09.18 2015가합100470
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff (around March 14, 2005 changed from ASEAN to the current trade name) contracted construction from the Jeju Industrial Development Co., Ltd. (hereinafter “the Jeju Industrial Development”) for the construction of a multi-use building on the ground of lots 4,000,000,000 won as of March 2005.

B. The Plaintiff received a notarial deed and certificate as follows from the Defendant, etc.

(1) On March 4, 2005, the obligor on March 4, 2005 approved that the joint obligee bears the obligation of KRW 1,127,00,000 for construction cost.

Article 2 (Period and Method of Performance) Co-creditors: B, C, D, E, F, G, Asan Electrical Development Co., Ltd. on May 30, 2005: Creditor of the contents of A (Defendant) Industrial Development Co-sureties: Seven (former Seven) obligor such as the Plaintiff: A (Defendant).

1. The debtor is confirmed to have a total of KRW 1,127,000,000 against the obligees;

2. The obligor shall pay to the obligees KRW 225,400,000 until March 30, 2005, and any balance shall be paid within one month after completion.

Where any balance is not paid, 20% damages for delay shall be additionally paid from May 31, 2005 to the date of full payment.

3. The fact that there is no dispute over the unpaid construction cost of the plaintiff 360,000,000 won (which is the ground for recognition), each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the Plaintiff the construction cost of KRW 360 million as a guarantor of the development of the main industry, unless there are special circumstances.

B. The defendant's defense (1) is selected by the defendant, and the above contract price obligation became extinct upon the completion of rehabilitation procedures for the development of the main industry, or the defendant's guarantee obligation became extinct upon the expiration of the three-year short-term extinctive prescription.

arrow