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(영문) 광주지방법원 2014.12.26 2014가합6406 (1)

양수금

Text

1. The defendant shall pay 131,980,000 won to the plaintiff and 20% per annum from September 11, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 22, 2014, the Defendant re-subcontracted to pay the remainder after settlement of the entire balance on August 31, 2014, among D Apartment Construction Works subcontracted by C (hereinafter “Nonindicted Company”) to B on April 22, 2014, from April 28, 2014 to June 15, 2014; KRW 11,000 per file amount per 1m of construction amount; KRW 5,000,000 per 90 piece of construction amount; the method of payment; KRW 20,000,000 per advance payment; and KRW 60,000,000,000,000 on June 30, 2014; and KRW 20,000,000,000,0000, and the entire balance on August 31, 2014. B subcontracted the construction project around June 18, 2013.

B. On September 1, 2014, the Defendant confirmed the remainder of the construction cost of the instant construction as KRW 243,00,000 (excluding value-added tax) and KRW 131,980,000 (i.e., the total construction cost of KRW 243,00,000 - the amount of KRW 91,20,000 that the Defendant decided to pay directly to the subcontractor, etc. - KRW 35,00,000, value-added tax of KRW 15,180,000 for the term payment of KRW 35,00,000 for the term payment of KRW 15,180,00 for the term payment of KRW 15,00 for value-added tax) from the non-party company before the end of 2014.

C. On September 1, 2014, the Defendant requested the non-party company to pay a direct payment, and on the same day, received a written consent from the non-party company to pay a direct payment (hereinafter “written consent to pay a direct payment”).

I affirm that you accept the demand for direct payment to E Company B as requested by us (the Defendant) and that we will pay 131,980,000 won of the demand for direct payment as requested by us from among the construction costs to be paid by us to us at the time of fulfillment of the following five terms (hereinafter “instant terms”) to B’s deposit account:

1. When a written confirmation is submitted after resolving civil petitions in the F market;

2. When a letter of good offices is submitted in relation to the construction of fish poppy in the future.

3. When the settlement is made after an application for loans from 124 commercial buildings is filed;

4. After a provisional attachment is revoked in relation to construction price;

5. After the removal of a sheet, d.e., after the submission of a memorandum of performance of defect repairs due to subsidence.