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(영문) 춘천지방법원강릉지원 2016.10.12 2016가단53950
공사대금
Text

1. The Defendants jointly and severally liable to the Plaintiff for KRW 39 million and as from May 1, 2014:

A. Defendant B: (a) July 12, 2016.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 3 as to the Plaintiff’s claim, it is recognized that the Plaintiff’s completion of the above construction work by the end of April 2014 from Defendant B, a building business entity, for the construction of multi-household houses with D ground (hereinafter “instant construction”) to KRW 39 million for the construction cost, Defendant C has jointly and severally guaranteed the Plaintiff’s obligation to Defendant B following the instant construction work (hereinafter “joint and severally guaranteed obligation”), and the Plaintiff’s completion of the construction work by the end of April 2014.

Comprehensively taking account of the above facts acknowledged, the Defendants are jointly and severally liable to pay the Plaintiff the construction cost of KRW 39 million and the damages for delay.

2. Defendant B’s assertion on Defendant B asserted that the Plaintiff agreed to receive all construction costs from Defendant C at the time of the instant joint and several guarantee, but there is no evidence to acknowledge such agreement.

3. The Defendants are jointly and severally liable to pay to the Plaintiff the construction price of KRW 39 million and the amount equivalent thereto from May 1, 2014; Defendant B, from July 12, 2016, the delivery date of the original copy of the instant payment order; Defendant C, from July 11, 2016, the delivery date of the original copy of the instant payment order; and 6% per annum under each Commercial Act until July 11, 2016, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the full payment date.

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