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(영문) 서울중앙지방법원 2016.01.28 2015가단36868

대위변제금등

Text

1. The Defendant’s KRW 108,414,00 for the Plaintiff and 6% per annum from March 19, 2015 to January 28, 2006.

Reasons

1. Facts of recognition;

A. On June 18, 2014, the Plaintiff subcontracted a new construction of C in Echeon-si B and 1 parcel from A Co., Ltd., and subcontracted the construction period to the Defendant as KRW 154,00,000, including value-added tax on the construction cost, respectively, by setting the construction period portion of the civil construction works from June 18, 2014 to November 30, 2014, and setting the construction period portion as KRW 192,50,000, including value-added tax, to November 30, 2014.

B. On November 18, 2014, the Plaintiff and the Defendant settled each of the total contract amount of KRW 154,000,000,000, the total contract amount of KRW 105,500,000, and the contract amount of KRW 92,50,000, and the Defendant settled each of the above part of the civil engineering works on condition that the Defendant waives the contract amount of KRW 12,50,000,000, and the cost of handling the household-based accident.

C. Before the settlement of accounts, the Plaintiff paid KRW 161,00,000 to the Defendant as the construction cost in relation to the structural part of the structural construction project. The Defendant paid KRW 60,000 to D on-site workers, equipment business operators, and material business operators on November 14, 2014 on behalf of the Defendant, and the Plaintiff paid KRW 60,00,000 on behalf of the Defendant, and the Plaintiff paid KRW 76,614,00,00 for equipment and materials, etc. around December 2, 2014, A Co., Ltd., the construction ordering agency, paid KRW 76,614,00 to eight companies, including E, etc., and deducted the amount from the construction price to be paid to the Plaintiff.

On January 2015, the plaintiff was dissatisfyed by the defendant's dissatisfy and the plaintiff was dissatisfying the vision. The plaintiff paid 3,300,000 won including value added tax.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 and 12 (including various numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff paid the above personnel expenses of KRW 60,000,00 on behalf of the Defendant, and the amount equivalent to KRW 76,614,00,000, such as the price of the above materials, shall be paid by Company A, who is the ordering person.