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(영문) 부산지방법원 2020.11.24 2020가단306491

공사대금

Text

1. The defendant shall pay 65,675,000 won to the plaintiff and 12% per annum from February 12, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company with the purpose of dismantling the non-system structure, and D is a person who has engaged in dismantling the non-system structure under the trade name of “E”.

B. D, on October 1, 2013, established the Defendant, a stock company with the purpose of dismantling structures, etc., and actually operated the said company from around that time. From January 22, 2014, D was in office as the representative director of the Defendant from around January 22, 2014 to the present day.

C. D awarded a contract to the Plaintiff for construction work amounting to KRW 276,650,00 in total, as indicated in the attached Form Nos. 1 through 3 in the attached Form Nos. 1 through 3 from August 31, 2013 to October 31, 2013, and the Plaintiff completed each of the above construction works.

D paid to the Plaintiff the sum of KRW 239,120,000, as stated in the [Attachment Table Nos. 4 through 9, 27, 34, and 38 from October 31, 2013 to September 11, 2019.

E. From June 30, 2014 to April 3, 2018, the Defendant contracted the Plaintiff with construction work of KRW 124,707,00 in total, as indicated in the [Attachment Table] 11, 14, 15, 17 through 19, 24, 31, 33, and 35, and the Plaintiff completed the said construction work.

F. From May 30, 2014 to May 8, 2019, the Defendant paid to the Plaintiff a total of KRW 96,562,00,00 as indicated in the [Attachment Table] Nos. 10, 12, 16, 20 through 23, 25, 26, 28 through 30, 32, 36, and 37.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, and 5 (including virtual numbers; hereinafter the same shall apply), each entry, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant assumes the obligation to pay the construction price to the plaintiff. Thus, the defendant is obligated to pay the plaintiff the unpaid construction price of KRW 65,675,00 and delay damages after deducting KRW 335,682,00 from the total construction price of KRW 401,357,00,000, which was paid by D and the defendant.

B. Defendant’s assertion 1) D (E was closed on February 28, 2017, and the Defendant has a legal personality separate from D, and D.