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(영문) 의정부지방법원고양지원 2019.07.24 2018가단14697
공사대금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 29,00,000 and 20% per annum from February 1, 2018 to February 13, 2019.

Reasons

1. On November 29, 2017, the Plaintiff: (a) received and delivered a loan certificate with the following content from the Defendants on November 29, 2017, even though the Plaintiff received two construction projects (D hospital and E) from Defendant Company B; (b) but was not paid part of the construction price:

(A) Each description of evidence Nos. 1 through 6 and the purport of the entire pleadings). The repayment of KRW 30,000,000 from November 29, 2017 to September 30, 2018, to the Plaintiff’s account is to be made at least KRW 3,000,000, each month from November 29, 2017 to September 30, 2018.

The interest rate on the borrowed amount shall be 20% per annum.

Even once the payment of interest is made, the obligor's benefit will be lost at the time of delinquency, and the obligee will pay the balance of the principal and interest and overdue interest without any objection.

On the other hand, on January 31, 2018, the Plaintiff voluntarily recognized that he/she received KRW 1,000,000 from Defendant C.

2. The Plaintiff and the Defendants agreed to adjust the obligation and obligation of the construction cost by preparing a loan certificate as above. As such, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 29,00,000,000 as well as 20% per annum pursuant to the agreement from February 1, 2018 to February 13, 2019, the delivery date of a copy of the complaint of this case, which is 20% per annum pursuant to the agreement, 15% per annum from the next day to May 31, 2019, and 12% per annum from the next day to the day of full payment.

3. According to the conclusion, all of the Plaintiff’s claims against the Defendants are accepted.

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