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(영문) 서울중앙지방법원 2019.01.17 2018가단34344

청구이의의 소

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1. The Defendant’s decision on performance recommendation for the construction cost of Seoul Central District Court 2018Gaso26620 against the Plaintiff.

Reasons

1. Basic facts

A. On March 6, 2018, the Defendant received from the Plaintiff, on December 19, 2016, the removal of the air exhausters established in the subway 2 line D, 3 line E, F, and 4 line G history from C Co., Ltd. to the Defendant re-consigning it to the Defendant, and the Defendant re-consigned to the Defendant from February 8, 2017, upon receiving from H the lower Party the removal of the air exhausters installed in the subway 2 line D, 3 line E, F, and 4 line G history.

2. The Plaintiff filed a lawsuit claiming construction cost (Seoul Central District Court Decision 2018Gada26620) that the Plaintiff shall pay this money and delay damages to the Defendant, as the construction cost was 22,400,000 won and the Plaintiff did not pay it.

B. As of April 12, 2018, the court held that “the court shall pay to the Defendant 22,400,000 won with 15% interest per annum from April 21, 2018 (the day following the delivery of a duplicate of the complaint) to the day of complete payment” (hereinafter referred to as “the decision on performance recommendation of this case”).

) The decision on the instant performance recommendation was finalized on May 5, 2018 because the Plaintiff did not raise an objection. [The fact that there is no dispute over the grounds for recognition, entry of evidence No. 4, significant fact in this court, and the purport of the entire pleadings]

2. Summary of the parties' arguments

A. The plaintiff's assertion that the construction cost to be paid to the defendant remains 22,40,000 won in relation to the removal of the distribution climate in the subway station 2 lines, 3 lines E, F, and 4 lines G that the plaintiff had re-nicked to the defendant in the subway station 2 lines D, 3 lines E, 4 lines G.

The Plaintiff and the Defendant entered into a verbal contract with the Defendant, setting forth KRW 2,00,00 per 2,00 per unit the construction of removing 15 air circulations (i.e., 15 air circulations), including three-line D stations (iv).

The construction cost to be paid to the defendant is paid in the amount of KRW 16,500,000 on February 20, 2017 to the defendant.

Therefore, compulsory execution based on the decision of execution recommendation of this case should be rejected.

(b).