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(영문) 부산지방법원 2017.02.15 2016가합2386

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 269,917,504 and the interest rate of KRW 15% per annum from June 21, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs a construction business under the trade name of “B” and served as an internal director of Nonparty C Co., Ltd (hereinafter “C”) from July 20, 2012.

The defendant is a corporation established for the purpose of developing soil construction business, software and software technology.

B. On November 1, 2013, the Plaintiff’s execution and discontinuance of the instant construction work (i.e., the Plaintiff’s execution and discontinuance of the instant construction work) constituted a construction work for underground soil bags and household facilities (hereinafter “instant construction”).

(2) After receiving a subcontract with construction cost of KRW 1,270,000 (excluding value-added tax), the instant construction was performed. Then, the instant construction was discontinued due to D’s default and on-site civil petitions, etc., which is the ordering authority, and the Plaintiff filed a lawsuit (Dasan District Court 201549) seeking a total of KRW 540,100,000 from December 27, 2013 to May 27, 2015, and the said judgment became final and conclusive on February 11, 2015.

3) After that, Non-Party 1, Eastern Co., Ltd. was to perform the construction of a new complex for Scheon E, and the Defendant was awarded a subcontract for the said new construction from East Asian Co., Ltd. [based on recognition], without dispute, and Gap’s 1 through 3, 5, and 6 (including each number of serial numbers; hereinafter the same shall apply).

(2) Each entry of evidence Nos. 1 and 3, and the purport of the whole pleading

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff, upon receiving a contract from the Defendant for the instant construction, performed the said construction by March 2016, and accordingly, the period of the construction is KRW 269,917,504 (=the period of February 179,275,463 KRW 90,642,041). Thus, the Defendant is obligated to pay the said period of payment to the Plaintiff (the main claim).