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(영문) 수원지방법원 2017.10.20 2016가단47313
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 25,584,290 as well as KRW 22,929,390 as to the Plaintiff from December 8, 2016, and KRW 2,654.

Reasons

1. Facts of recognition;

A. Around September 2013, the Plaintiff, a company engaged in soil construction business, etc., entered into a subcontract with the Plaintiff, which set forth KRW 583,00,000 as the price for civil and household installation works among the reinforcement global corporation (hereinafter “Reinforcement global”) and the construction works for the new Escopic Party D located in Nam-gu Incheon Metropolitan City (hereinafter “instant construction”).

B. On September 25, 2013, the Plaintiff prepared a construction performance note with respect to the instant construction project that Defendant A Co., Ltd. (hereinafter “Defendant A”) and Defendant A is responsible for all the matters at the site as an execution participant, and Defendant C jointly and severally guaranteed the said obligations of Defendant A.

1. The Plaintiff’s all rights (such as 281,600,000) arising at the site of the instant construction work (in the case of the construction work amount) are assigned to Defendant A by succession (transfer) at the same time, and the obligation to do so is also borne by Defendant A and B.

2. The defendant A and B shall be fully liable for all the costs incurred at the site of the instant construction and the cost of construction for the outstanding amounts to the company.

3. All legal issues arising from the spot after this day will be jointly and severally liable to Defendant A, Defendant B, and the guarantor.

4. Defendant A confirms that the power of attorney attached to the Plaintiff and the list of bond lists are all attached to the Plaintiff, and Defendant A, B, and C are in criminal responsibility for all outside the list of bond lists occurring at the site.

5. Subsequent to the recovery of debts, each delegating shall receive a written agreement and a receipt of payments from each delegating person and submit it to the plaintiff.

(hereinafter omitted)

C. On December 2013, the Plaintiff drafted a letter of agreement on the instant construction works with Defendant A, B, and the Plaintiff (hereinafter “instant agreement”), and Defendant C jointly and severally guaranteed the obligations of Defendant A and B under the instant agreement.

On the other hand, the Plaintiff, on October 4, 2013, Doosis Co., Ltd. (hereinafter “Doosis”) and Doo-1000 (b) at the construction site of this case.

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