(영문) 울산지방법원 2015.02.13 2014가단17694

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(영문) 울산지방법원 2015.02.13 2014가단17694

구상금 등

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1. The defendant shall pay to the plaintiff KRW 7,306,850 as well as 5% per annum from June 4, 2014 to February 13, 2015, and the next day.

Reasons

1. Basic facts

A. From February 2013, the Defendant received a contract (hereinafter “instant contract”) with C during the period from March 4, 2013 to May 4, 2013, by setting the construction cost of KRW 180,000,000 for the new construction of a wooden house on the ground D in Yangsan-si. The Plaintiff guaranteed the Defendant’s obligation to C under the instant contract.

Since then, the Defendant and C increased the construction cost of the instant contract in KRW 220 million, and the construction period was extended on June 30, 2013.

B. From March 15, 2013 to May 23, 2013, the Defendant received construction cost of KRW 165 million from C. Among them, the check received KRW 47 million from March 15, 2013 (hereinafter “the check in this case”) was delivered to E, who is the husband of the Plaintiff.

C. Until June 2013, the Defendant suspended construction without completion, and the Plaintiff completed construction as a guarantor of the instant contract, and was paid by C the remaining construction cost of KRW 5 million (20 million - 165 million) under the instant contract.

On the other hand, on June 14, 2013, the Defendant: (a) acknowledged that the Plaintiff had a debt of KRW 3 million in relation to the electrical construction of another construction site; (b) KRW 7.5 million in relation to the instant contract’s electrical construction and lighting construction; and (c) concluded a loan certificate to the effect that the Defendant would pay the debt by August 15, 2013 (hereinafter the instant loan certificate).

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3, 12 (including virtual number), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts stated earlier prior to the claim based on the loan certificate of this case, the Defendant is obligated to pay the Plaintiff KRW 10.5 million based on the loan certificate of this case and damages for delay.

B. (i) The Plaintiff asserted the loan, and the Plaintiff lent KRW 57,412,00 to the Defendant between May 18, 2013 and June 17, 2013.

Dor. Judgment.

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