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(영문) 서울남부지방법원 2018.12.18 2018가단227739

공사대금

Text

1. The Defendant: KRW 36,024,496 for the Plaintiff and KRW 6% per annum from June 1, 2018 to December 18, 2018; and

Reasons

1. Facts of recognition;

A. The plaintiff is a company with the purpose of mechanical facility construction business, etc., and the defendant is a company with the purpose of housing construction business, etc.

B. From around 2014 to 2016, the Plaintiff: (a) subcontracted each of the above works to the Defendant during the construction of an office studio studiosy (hereinafter referred to as “salviny") among the construction of an office strawitesy (hereinafter referred to as “salviny”), (b) among the construction of an office studiosy, and (c) among the construction of an office studiosysy (hereinafter referred to as “salinitesy facilities”; and (b) completed each of the above works, among the construction of an office studiosy facilities (hereinafter referred to as “each of the instant works”); and (c) the details are as follows.

The amount of KRW 31,60,600,000 paid on July 16, 2016, the amount of KRW 308,80,000,000, KRW 457,479,504, KRW 100,000, KRW 126,500,000 paid on August 16, 2016, as of July 15, 2016, the amount of KRW 228,000,000, KRW 467,480,000, KRW 126,50,000 paid on August 16, 2016, as of August 16, 2016, the amount of KRW 308,80,00, KRW 4579,50,000, KRW 100,000,000, KRW 200,000, KRW 1006,006.

C. The amount that the defendant did not pay to the plaintiff with respect to each of the facilities of this case is above B.

As indicated in the table in paragraph (1), ① KRW 22,80,000 in relation to the dynamics facilities, ② KRW 10,000,496 in relation to the nobles facilities, ③ KRW 26,500,000 in relation to the virtuals facilities, and the aggregate amount of KRW 59,30,496 in relation to the virtuals facilities.

around January 2018, the Defendant’s payment agreement No. 17, which states that “I will pay KRW 59,300,496 in installments from the end of February 2018 to the end of May 2018,” is “this case’s payment agreement.”

3) Each entry, including each number, and the purport of the whole pleadings, of the facts of absence of dispute, of Gap 1 through 8 (if any)

2. Determination as to the cause of action

A. According to the above facts of recognition, the defendant shall be the plaintiff unless there are special circumstances.