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(영문) 부산지방법원 2015.05.14 2013가합14982

양수금

Text

1. The Defendant shall pay to the Plaintiffs each amount of KRW 164,503,955 and each of the said amounts from December 4, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant is the owner and executor of Samsan-dong Masan-dong 1617-14 and 2 parcels on the ground (hereinafter “instant building”) in Ulsan-gu, Ulsan-do, the Defendant is the party owner, and the government-friendly comprehensive construction company (hereinafter “government-friendly comprehensive construction”) is the construction works of the instant building; and the reputation of the corporation F&C (hereinafter “S”) is the person awarded a subcontract for construction of government-friendly integrated construction (hereinafter “instant construction”) among construction works of the instant building.

B. F&C’s reputation conclusion of the subcontract was subcontracted to KRW 819,500,000 for the instant construction work from the Mawman Construction on June 14, 2012.

F. F&C agreed on January 18, 2013 that “The 307,800,000 won, which is a part of the construction price above, shall be paid directly by the Government Administration and Construction, and the remaining construction cost of KRW 511,70,000 shall be paid by the Defendant.”

Pursuant to the above agreement on the same day, the Defendant drafted a note of payment that the sum of KRW 347,80,000,000 and KRW 163,900,000 until June 30, 2013 should be paid KRW 511,70,000,000 in the F&C as of March 31, 2013.

C. On June 1, 2013, F&C transferred all of its claim against the Defendant for the remainder of the construction works other than KRW 511,700,000, and notified the Defendant of the fact of transfer on June 17, 2013.

On the other hand, on January 18, 2013, the Defendant agreed to pay 23,147,90 won for steel products from Korea Steel Co., Ltd, and 113,530,000 won for materials against F&C’s monthly text on January 21, 2013, and agreed to pay 113,530,000 won directly.

In accordance with the above direct payment agreement, the Defendant paid KRW 23,147,990 to the Korea Steel on March 21, 2013, and paid KRW 103,530,000 to the Kamerte on six occasions from January 20, 2013 to October 2, 2013.

E. The defective construction of the instant construction project.