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(영문) 광주지방법원 2019.07.26 2018가합54588

청구이의

Text

1. The Defendant’s payment order against the Plaintiff was based on the payment order for the construction cost case No. 2017 tea 1969.

Reasons

1. Basic facts

A. On January 14, 2015, the joint contractors (representative companies: Plaintiff 51%, Plaintiff C49%) consisting of the Plaintiff and C Co., Ltd. (hereinafter “C”) were awarded a contract for construction cost of KRW 10,811,131,000 from the Cheongcheon-gun, Chungcheongnam-do.

B. On January 2015, the Plaintiff acquired C’s share of the instant construction from C and performed the instant construction independently.

C. From October 2015, the Plaintiff had been independently performing the instant construction works, the Defendant performed the work related to the windows and metal works (hereinafter “instant title, etc.”) among the instant construction works. From February 5, 2016 to November 21, 2016, the Plaintiff paid a total of KRW 187,60,000 to the Defendant during the period from February 5, 2016.

The Defendant issued an order for payment of KRW 19,865,00 among the above KRW 440,00,00,000 (including value-added tax) and KRW 240,135,00,00, and the Plaintiff and C did not pay the remainder of KRW 240,135,00,00 to the Plaintiff and C, upon receiving a payment order from the Plaintiff and C as the cause of the application, stating that “The Defendant is obligated to pay the Plaintiff the unpaid subcontract price of KRW 240,135,00,00, and the delay damages thereof,” under the Gwangju District Court Decision 2017,1969 on March 20, 2017, “the Plaintiff and C shall be 240,135,000,000 and the Defendant shall be 15% per annum from the day following the delivery date of the instant payment order to the Defendant, 500,500,000,000 per annum.”

E. On March 24, 2017, the Plaintiff did not raise an objection despite being served with the original copy of the above payment order, which became final and conclusive against the Plaintiff.

(hereinafter referred to as the “instant payment order”).