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(영문) 인천지방법원 2015.11.05 2014나56560

공사대금

Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 38,785,753 and its related amount.

Reasons

1. Basic facts

A. Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) is omitted.

(2) On December 4, 2009, the Defendant and the Defendant were removed from among C-Large Repair Works in Jung-gu Incheon, Jung-gu (hereinafter “instant prime contract”).

(2) From December 4, 2009 to January 18, 2010, the Plaintiff entered into a subcontract with A on December 20, 2009 with respect to the construction cost of KRW 22,50,000 (construction waste disposal site, interim disposal site, and metropolitan area reclamation site) or KRW 45,000 (construction waste disposal site) per square meter for the instant prime contract.

B. 1) On February 7, 2010, the Defendant drafted a direct payment confirmation to the effect that “D (actual manager) shall pay the construction cost directly to the subcontractor,” and that the payment of the subcontract price shall be made after examining the claim for the payment of the subcontract price from the third to the sixth above ground after the completion of all removal works from the third to the sixth above ground.” On February 17, 2010, A consents to the payment of the subcontract price to the Plaintiff on February 17, 2010, and the Defendant also affixed a seal thereto.

3. After January 26, 2011, the Defendant: (a) prepared a direct payment certificate to the effect that “The construction cost of the instant subcontract, which was executed by December 30, 2010, shall be determined as KRW 88,785,753, and shall be paid in electronic bills”; and (b) delivered it to the Plaintiff.”

After that, the Defendant paid KRW 50,000,000 out of the subcontract price of this case to the Plaintiff around February 25, 2011.

C. Nonparty E, on February 10, 2010, issued an assignment order with the Incheon District Court No. 2010 Ta-2887, Feb. 10, 201.