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(영문) 수원지방법원 2016.01.29 2015가단34556

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 67,00,000 and the interest rate of KRW 15% per annum from August 1, 2015 to the day of complete payment.

Reasons

1. The Plaintiff: (a) received a subcontract for the Changho Lake Construction Work, among the construction works of Daiju-gu Down-gu Down-gu Down-gu Seoul Special Metropolitan City (hereinafter “C”); and (b) from October 6, 2014 to November 25, 2014, the period of construction; (c) the Plaintiff and the Defendant and F, the husband of C’s representative director E, were not paid the construction price; (d) on June 1, 2015, the Defendant and F, the husband of C’s representative director E, were jointly and severally liable to pay the Plaintiff KRW 67 million unpaid construction price to the Plaintiff until June 3, 2015; and (e) the Defendant did not have an obligation to pay the Plaintiff KRW 20 million up to June 20, 2015 to June 3, 2015; and (e) the Defendant did not have an obligation to pay the Plaintiff the payment of KRW 370,000,000 per annum to the Plaintiff.

2. On the judgment of the Defendant’s defense, the Defendant asserted that the instant payment agreement was null and void because the Plaintiff did not take legal measures, such as criminal complaints against G against the owner of a newly constructed construction project, on the condition that the Plaintiff would take legal measures, such as a criminal complaint against G, etc. against the owner of a newly constructed construction project, on the ground that the instant payment agreement was concluded.

In the instant payment agreement, the following circumstances, i.e., the Defendant’s payment amount and date, and no mentioning the terms and conditions alleged by the Defendant, are included in the instant payment agreement, namely, the entire purport of the pleadings as a whole, based on the aforementioned evidence.