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Reasons
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(영문) 서울중앙지방법원 2020.01.22 2019가합567107
약정금
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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 948,400,000 and the interest rate thereon from August 31, 2019 to the date of full payment.

Reasons

1. Basic facts

A. 1) Defendant B’s regional housing association promotion committee (hereinafter “Defendant B’s promotion committee”)

D Co., Ltd. (hereinafter “D”) on September 14, 2017

(B) Construction of the Public Relations Center of the Regional Housing Association (hereinafter “instant construction”) and the “Public Relations Center of the Regional Housing Association”

(1) The contract for the instant construction project (hereinafter referred to as the “instant construction contract”) set forth and awarded a contract for construction cost of KRW 1,355,200,000 (including value-added tax).

(2) On November 29, 2017, the Defendant Promotion Committee and D changed the construction cost of the instant construction contract into KRW 1,368,400,00 (including value-added tax).

3) Defendant C Co., Ltd. (hereinafter “Defendant C”)

(2) As an agent of the Defendant Promotion Committee, the Plaintiff participated in the instant construction contract. B. D to conclude a subcontract, on October 19, 2017, the Plaintiff and the entire instant construction works are determined as construction cost of KRW 1,118,040,000 (including value-added tax) and subcontracted to the Plaintiff (hereinafter “instant subcontract”).

C. On December 1, 2017, the Plaintiff completed construction works under the instant subcontract on December 1, 2017.

2) On February 7, 2018, D transferred the Plaintiff’s claim for construction cost of KRW 1,355,200,000 under the instant construction contract that D had against the Defendants. On the same day, the Plaintiff notified the Defendants of the aforementioned assignment of claim. 3) The Defendants paid the Plaintiff the total amount of KRW 1,355,200,000 as construction cost on June 29, 2018, and KRW 50,000,000 as the construction cost on August 16, 2018, and KRW 50,000,000 on August 29, 2018, and KRW 30,000,000 on September 5, 2018, and KRW 50,000,000 on September 18, 2018, KRW 30,000,000 on September 30, 2008;

4) On July 23, 2019, the Defendants agreed to pay the Plaintiff the unpaid construction cost of KRW 948,400,000 to the Plaintiff not later than August 30, 2019, including interest at the rate of 15 percent per annum (hereinafter “instant agreement”).

(A) [Recognition.].

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