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(영문) 울산지방법원 2015.09.17 2014나3634

공사대금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. On June 201, the Defendant entered into a subcontract (hereinafter referred to as the “instant subcontract”) with respect to the construction cost for the supply of materials and the manufacture of structures in the steel-frame, among the above construction works, around the time when the Plaintiff and the Defendant received a contract for the extension of the manufacturing industry located in Ulsan-gu B (hereinafter referred to as “C extension construction”). After that, the Plaintiff entered into a subcontract (hereinafter referred to as the “instant subcontract”) with the amount of KRW 374 million, including additional tax 34 million, and the Plaintiff supplied the pel beam beam beam beam to the Defendant and completed the manufacturing of structures pursuant to the instant subcontract, there is no dispute between the parties, and the Plaintiff was paid KRW 340,000,000 among the construction cost of the instant case by the Defendant.

According to the above facts of recognition, the defendant is obligated to pay the construction cost of 34 million won and delay damages payable to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. In full view of the purport of the entire pleadings in the statement No. 2-1 of the allegation of repayment No. 2-1, the Defendant is recognized as having repaid the instant construction cost of KRW 28,000,000,000,000,000,000 to the Plaintiff and KRW 150,000,000,000,000,000,000,000,000,000,000 won, which was paid by the Defendant to the Plaintiff.

Therefore, the Plaintiff’s claim for the construction payment against the Defendant remains more than KRW 24 million (=34 million - 10 million).

B. On November 7, 2011, the Plaintiff transferred KRW 160,000,000,000 to the Switzerland Co., Ltd. (hereinafter “this case’s transfer of claims”). A lawsuit was brought against the Daegu District Court for the payment of the said transfer amount (the foregoing court 2013Gahap1549), and the said court on August 21, 2015 (the foregoing court 2013Gahap1549) filed a lawsuit against the Daegu District Court for the payment of the said transfer amount (the foregoing court 2013Gahap1549).