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(영문) 대구지방법원 2016.08.09 2015가단47904
물품대금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 64,00,000 and 6% per annum from April 23, 2013 to June 7, 2016.

Reasons

1. Facts of recognition;

A. On September 13, 2012, the Plaintiff agreed to enter into a contract for the production and installation of a greenhouse-style construction project (hereinafter “instant construction project”) among the instant construction projects with Defendant B, and agreed to the construction cost of KRW 198,00,000 (including value-added tax).

B. Although the Plaintiff completed the instant construction project, it did not receive KRW 10,000,000, out of the construction cost from Defendant B’s Dispute Resolution, Defendant B agreed to pay the Plaintiff KRW 80,000,000, out of the remainder of the construction cost on March 11, 2013 to the remainder of the construction cost on April 5, 2013, and the remainder of KRW 30,000,000 to the Plaintiff on April 22, 2013.

On the other hand, Defendant C has jointly and severally guaranteed the obligation to pay the remainder of the construction price to the Plaintiff in the defendant B.

C. The Plaintiff was paid KRW 46,000,000 among the remainder of the construction price of KRW 110,000,000, but did not receive the remainder of KRW 64,000.

【Ground of Recognition】 Defendant B: The fact that there is no dispute against Defendant C, the entry in the Evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. According to the facts of the recognition of the foregoing obligation to pay the balance of the Corporation, Defendant B shall be a contractor for the Corporation and a contract for the payment of the balance of the Corporation. Defendant C, as a joint guarantor for the remainder of the Corporation, is liable to pay the Plaintiff the remainder of the Corporation, calculated at each rate of 64,000,000 won, which is the date following the agreed payment date, from April 23, 2013 to June 7, 2016, the last delivery date of the copy of the complaint in this case, and 6% per annum under the Commercial Act, from the next day to the date of the full payment, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

3. Determination as to Defendant C’s assertion of defects

A. Defendant C’s assertion that Defendant C cannot respond to the Plaintiff’s claim for construction cost due to the following defects in relation to the instant construction work.

(1) The ventilation, temperature control, and temperature function of the greenhouse has been completely suspended due to the malfunction in the operation of the electric window.

Defendant C.

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