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(영문) 창원지방법원 2016.11.23 2016가단100549
손해배상(기)
Text

1. As to the Plaintiffs’ KRW 20.7 million and KRW 20 million among them, Defendant C Co., Ltd. from August 5, 2015 to September 5, 2015.

Reasons

1. The plaintiffs' grounds for the claim of this case are as stated in the separate sheet "the grounds for claim" and "the changed grounds for claim," and according to the overall purport of each of the statements and arguments in Gap's evidence Nos. 1 through 7, the facts of the plaintiffs' claims except the following rejection can be acknowledged, and there is no counter-proof.

2. Determination on the plaintiffs' claims

A. According to the claim against Defendant C, Defendant C, the contractor, is obligated to pay to the Plaintiffs 20.7 million won and 20 million won, which is the initial claim amount, according to the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, at the rate of 20% per annum from August 5, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the complaint, and at the rate of 15% per annum from the next day to the day of full payment, and at the rate of 70,000 won, which is the remainder increased through the modification of the claim, pursuant to the above Act, at the rate of 15% per annum from January 14, 2016 to the day of full payment. Accordingly, the Plaintiffs’ claim against Defendant C is reasonable within the above scope.

B. As to the above defendant D, the defendant C should deny the legal personality of the defendant D and make the same time with the defendant D, while there is no evidence to acknowledge it.

Therefore, the plaintiff's claim against the defendant D is without merit.

3. Therefore, the plaintiffs' claims against defendant C are partially accepted, and the remaining claims and defendant D are dismissed. It is so decided as per Disposition.

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