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(영문) 수원지방법원 2017.10.26 2017가단15054
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 154,630,00 and KRW 77,315,00 among them, from January 1, 2016 to June 1, 2017.

Reasons

1. Facts of recognition;

A. On September 3, 2014, the Plaintiff received a subcontract for a mechanical facility work from the Defendant Company from the Korea Warsaw Repair Work, which was completed, but the Defendant Company did not pay the construction cost.

B. The Defendant Company: (a) paid KRW 77,315,00 equivalent to 1/2 of the accrued construction price on July 3, 2015; (b) the remainder KRW 77,315,00 by December 31, 2015; and (c) paid the remainder KRW 77,315,00 by December 31, 2015; (b) prepared a “statement of payment of construction price” and delivered it to the Plaintiff; and (c) Defendant C jointly and severally guaranteed the Defendant Company’s obligation to pay the construction price.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. According to the fact of the above recognition, the Defendants are jointly and severally obligated to pay 154,630,000 won unpaid and 77,315,000 won among them, as requested by the Plaintiff, 5% per annum (interest rate prescribed by the Civil Act) from January 1, 2016 (the day following the payment date) to June 15, 2017, and 15% per annum (the interest rate prescribed by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings; hereinafter the same shall apply), 77,315,00 won per annum from the next day to the day of full payment (the day following the delivery of the complaint) to the Plaintiff.

3. The plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition.

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