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(영문) 서울중앙지방법원 2015.05.15 2014가단146133

공사대금

Text

1. The Defendant’s KRW 96,35,400 as well as 6% per annum from November 26, 2013 to July 18, 2014 as to the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant is the principal contractor of the New Construction Corporation of C unit Headquarters, and D Co., Ltd. (hereinafter only referred to as D) is a company that received a lump sum subcontract from the defendant, and the plaintiff is a company that performed the work by receiving a subcontract from D.

B. Around April 12, 2013, the Defendant entered into a subcontract for construction works equivalent to KRW 2.514 billion for reinforced concrete construction works, among the new construction works of the headquarters of D and C unit. D, around May 17, 2013, entered into a construction machinery lease agreement with the construction cost of KRW 120 million for file construction works during the said construction works, and performed file construction works with the Plaintiff’s equipment by July 11, 2013 under the said agreement.

C. Upon entering into the above contract with D, the Plaintiff continued to require D and the Defendant to pay the file construction cost directly to the Plaintiff, and D also sent a note requesting D to pay the file construction cost directly to the Plaintiff at the Defendant E team leader and F division leader around August 20, 2013.

Accordingly, on August 29, 2013, F, the D representative G, the Plaintiff Managing Director H, and the Defendant Company C’s headquarters head office, drafted a written consent to the direct payment of the construction cost as follows (hereinafter “instant direct payment consent”).

Corporation Name: C Headquarters Construction Field File Port

1. Value-added tax of 11,00,324,00 won in value-added tax of 11,031,400 won in total;

2. On September 15, 201, the first payment date of KRW 25,00,000, the second payment date of KRW 60,000,000 on October 25, 2013, the third payment date of KRW 36,35,400 on November 25, 2013, the third payment date of KRW 121,35,400 on November 25, 2013, and the third payment date of KRW 121,35,400 on August 29, 2013, as above, the representative director G (B) the managing director of the A-A-A-A-A-A-A-A-A-B F head of the team at issue.

D. The Defendant directly paid KRW 25,00,000 to D on September 16, 2013 in accordance with the content of the written consent to the direct payment of the position in the instant case.

[Ground of recognition] Gap evidence Nos. 1 through 5, Eul evidence Nos. 4 (including branch numbers).