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(영문) 대구지방법원 2015.02.12 2014가합202183

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 14, 2012, the Defendant Company entered into a subcontract for the construction of a new building in the Seongdong-gu, Daegu Metropolitan City (hereinafter “instant subcontract”).

Although the contract price at the time was KRW 1,136,00,000 (excluding value-added tax), it was changed to KRW 1,778,698,594 (excluding value-added tax).

B. On January 27, 2014, Thaien Entertainment, the part regarding urban gas installation works in the instant subcontract was re-subcontracted to the Plaintiff.

C. On March 20, 2014, the Plaintiff: (a) transferred 110,000,000 won (including value-added tax) out of the claim for the return of the subcontract price of this case, in which Thailand had the Defendant Company (hereinafter “transfer of this case”); (b) notified the Defendant Company on March 24, 2014; and (c) notified the Defendant Company thereof on March 25, 2014.

On April 14, 2014, the Defendant Company settled the amount of the subcontract of this case as KRW 1,640,445,759 (excluding value-added tax), and notified Thailand of the termination of the subcontract of this case on the same day.

E. Of the contract amount of the instant subcontract, the details paid by the Defendant Company to Thailand are as follows.

The method of paying 12012-11-30,900,000 won in cash payment of 2013-01-31,000,000 won (Additional Tax) in cash payment of 32013-03-31,000,000 won (Additional Tax) in cash payment of 42013-05-31,000,000 won (Additional Tax) in cash payment of 52013-31,000,000 won (Additional Tax) in cash payment of 52013-07-310,000,000 won (Additional Tax) 62013-09-30,000,000 won (Additional Tax) in total of 013-09-428,0000,000 won (Additional Tax), the 2013-1,000,0000 won in each of the bills purchased 720130-1,301,00500-1,000000