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(영문) 부산지방법원 2018.08.28 2015가단76277

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 33,00,000 and the interest rate of KRW 15% per annum from November 17, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 29, 2014, C Co., Ltd. (hereinafter referred to as “C”) entered into a contract for construction works (hereinafter referred to as “instant contract”) with the Defendant, and Busan-gu D’s annual living facilities (hereinafter referred to as “instant construction works”), with the construction cost of KRW 6.5 million (including value-added tax; hereinafter the same shall apply). The construction cost of the instant construction works is KRW 55 million with the advance payment, KRW 30 million within ten days after the contract was completed, and the remainder is paid within 60 days after the completion, and the construction period is determined from August 15, 2014 to December 31, 2014 to the end of 31, 2014.

B. On November 17, 2014, the Plaintiff, who was a inside director of C, concluded a contract with the Defendant and the head of the bank bank in the name of the Plaintiff (hereinafter “the head of the bank bank”). On November 20, 2014, the Defendant transferred KRW 20 million to the head of the bank in the name of the Plaintiff.

C. On December 20, 2014, the Plaintiff and the Defendant, “the Defendant shall pay the remainder of KRW 165 million out of the balance of the contract for work to KRW 22,000,000,000,000 to the Defendant on February 10, 2015, and shall pay the remainder at the same time as the certificate of completion upon completion of the work. The contract air does not separately calculate the completion date due to the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior installation (such as the change from the windows to the general window, each interior temperature control is changed to the integrated management period, electricity, communication, and fire fighting corporation’s consultation with the Defendant). On December 30, 2014, the Plaintiff entered into an additional agreement with the Plaintiff on December 10, 2014 to pay the remainder of KRW 430,000,000,000,000,000,000,000,00,00).