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(영문) 울산지방법원 2017.10.24 2017가단604
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 125,00,000 and the period from January 17, 2017 to October 24, 2017.

Reasons

1. According to the evidence and the purport of the oral argument submitted by the Plaintiff regarding the claim against Defendant B, the Plaintiff leased construction equipment in relation to the construction work for the building site for the land C (hereinafter “instant construction work”), which was ordered by TJC Co., Ltd. (hereinafter “SA”), around around 2012, the Plaintiff was found to have not paid the amount of debt up to 125,400,000 won as the Plaintiff’s liability for the construction equipment fee for the Plaintiff leased.

According to the above facts of recognition, the above defendant is obligated to pay to the plaintiff 125,400,000 won which the plaintiff seeks from 125,400,000 won and damages for delay.

2. (1) The summary of the Plaintiff’s claim on the claim against Defendant Future C&C Co., Ltd. was that the Defendant permitted Defendant B to perform the instant construction works using the above Defendant’s name, and thus, the nominal lender under Article 24 of the Commercial Act is jointly and severally liable to pay the Plaintiff the fee to the Plaintiff.

(2) Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act)

3. The Defendants are jointly and severally liable to pay to the Plaintiff KRW 125,00,000 as well as damages for delay at the rate of KRW 5% per annum from January 17, 2017 to October 24, 2017, the day following the delivery of a copy of the instant complaint, which is the day of the instant judgment, and KRW 15% per annum from the following day to the day of full payment.

Plaintiff

claim partially accepted.

[Plaintiff’s claim for the payment of damages for delay from May 1, 2013, but this is recognized as a debt without a fixed deadline due to lack of proof as to the fact that the due date has been determined as a claim for the fee for the use of construction equipment.]

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