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(영문) 대구지방법원안동지원 2019.02.21 2017가합190
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff to pay KRW 214,302,760 to the Plaintiff and the period from December 24, 2015 to May 15, 2018.

Reasons

1. Basic facts

A. In around 2012, the Plaintiff entered into a contract with Defendant C to receive a contract for the structural construction (hereinafter “instant agreement”) among the new construction works for multi-household housing E-dong or F-dong (hereinafter referred to as “instant new construction works”) on the instant land (hereinafter “instant construction works”) on the ground that the instant land was located (hereinafter “instant construction works”).

B. On April 2012, the Plaintiff completed the structural frame construction of Edong and G Dong, and completed the Hdong parking lot roof construction, and the Plaintiff was not paid the construction cost under the instant contract. As such, the instant structural construction was suspended.

C. On April 2012, the Plaintiff, Defendant C, and B confirmed that the price for the construction work performed by the Plaintiff was KRW 414,302,760, and Defendant B acquired the right to perform the construction work for the remainder from the Plaintiff and executed the construction work. Defendant B paid the Plaintiff KRW 200,000 out of the construction work cost at the time of the completion of the Edong and Gdong, and paid the remainder of KRW 214,302,760 at the time of the completion of the Hdong and paid the Plaintiff KRW 214,30,760, and Defendant C entered into an agreement with the Plaintiff to jointly and severally guarantee the obligation to pay the construction work cost (hereinafter “instant agreement”).

Upon completion of the construction of Edong and Gdong, the Plaintiff did not pay the construction cost under the instant agreement to the Plaintiff. On May 29, 2012, the Plaintiff filed an application with the Defendants for a payment order against the Daejeon District Court for the payment of KRW 200,000,000 for construction cost as the Hongsung Branch Branch of the Daejeon District Court (201j360) and for the delayed payment thereof, and the said payment order was finalized on July 13, 2012.

E. On December 23, 2015, the completion inspection was completed with respect to Hdong.

[Reasons for Recognition] Defendant B: The fact that there is no dispute, the contract for the transfer or takeover of the evidence I to the Defendant C, and the name of the Defendant C after the name of the Defendant C, the seal imprint affixed according to the intention of Defendant C, because there is no dispute between the parties as to the fact that the seal imprint was affixed.

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