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(영문) 인천지방법원부천지원 2015.10.16 2015가합101961

공사대금

Text

1. Defendant B, Inc., Ltd., on February 21, 2014, shall provide the Plaintiff with the claims indicated in the attached Form, as indicated therein.

Reasons

1. Basic facts

A. On April 16, 2012, D Co., Ltd., which was practically operated by the Plaintiff and the Defendant C, subcontracted the “E New Construction Corporation” (hereinafter “instant construction”) to the Defendant for construction cost of KRW 670 million.

(B) The document No. 1 includes the F representative G as a contractor, but the above work is conducted jointly by G and Defendant C, and only in its name.

The Plaintiff completed the instant construction work and obtained approval for use on July 24, 2012.

C. On January 23, 2013, the Plaintiff and Defendant C agreed to pay to the Plaintiff KRW 100 million on January 30, 2013, and KRW 180 million on February 28, 2013 (hereinafter “instant agreement”).

After formulating the instant payment agreement and the instant claim transfer and takeover agreement, on February 21, 2014, Defendant C agreed between the Plaintiff and the Plaintiff on February 21, 2014 that with respect to KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 21 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, Defendant B notified the Plaintiff on February 21, 2014 that he/she transferred the claims indicated in the separate sheet to Song Construction Co., Ltd. according to the instant assignment contract, and Defendant C pursuant to the instant payment agreement.