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(영문) 제주지방법원 2016.07.07 2014가합1931

공사대금

Text

The defendant's KRW 337,942,00 for the plaintiff and 6% per annum from June 11, 2015 to July 7, 2016.

Reasons

1. Facts of recognition;

A. 1) C Co., Ltd. (hereinafter “C”) between C and the Defendant

(B) On July 22, 2013, Defendant and D additional construction works (hereinafter “instant construction works”)

(1) The contract for construction works (hereinafter referred to as “instant contract”) entered into between July 23, 2013 and September 27, 2013 and the contract for construction works (hereinafter referred to as “instant contract”).

(2) When the instant construction was interrupted due to the issue of payment for completed portion, etc., the Defendant drafted a written agreement (hereinafter “instant agreement”) with C on January 28, 2014 as follows.

1. Remaining stocks: 575,000,000 won (including value-added tax);

2. Gold bullion: 70,000,000 won (including value-added tax);

3. C shall proceed with the remaining construction after the receipt of the gold bullion referred to in paragraph 2 and submit a completion document to the design office by February 15, 2014.

In the event of violation, 10,000,000 won shall be paid per day to the defendant.

4. The defendant shall pay C the remaining construction cost of KRW 505,00,000 within 30 days after the completion approval.

In case of violation, 10,000,000 won per day shall be compensated for each violation.

(Provided, That the person who introduced the instant construction to E is the person who introduced the instant construction. The amount remitted to the said person shall be settled and the balance shall be paid after deducting the amount. 3) The Defendant representative director F is the second floor building completed by the instant construction on March 20, 2014 (hereinafter “instant building”).

B. On July 1, 2014, C transferred the remaining claim for construction cost that C had against the Defendant to the Plaintiff.

(2) On July 4, 2014, C sent notice of the assignment of claims by content-certified mail to the Defendant, and this reaches the Defendant on July 7, 2014. [The fact that there is no dispute over the grounds for recognition, and the purport of the entire pleadings and arguments as indicated in Gap’s Evidence Nos. 1 through 3, 6, 9, 10, and 1

2. Judgment on the defendant's main defense

A. The summary of the defendant's assertion is that C is against the plaintiff.