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(영문) 인천지방법원 부천지원 2018.04.11 2017가합994

공사대금

Text

1. The Defendant’s KRW 219,300,045 as well as the Plaintiff’s KRW 20% per annum from August 14, 2004 to January 30, 2018, and the following.

Reasons

1. On September 27, 200, the Plaintiff and B entered into a subcontract (the price for construction: 1.630 million won, and the construction period: October 15, 2000 - July 21, 2001) with the Mine Construction Co., Ltd. (hereinafter “Mining Construction”) on the construction of Magjin-si and D-ground officetels (the size of the underground third floor and the 13th floor above the ground).

(1) On May 30, 201, the plaintiff, B, and luminous construction entered into a modified subcontract (the construction cost: KRW 2.335 billion; the construction period: October 15, 2000 - March 30, 200) on May 30, 2001.

The Plaintiff filed a lawsuit against the construction of the Gwangju District Court as the Busan District Court Branch 2004Gahap2433 on the ground that the Plaintiff performed the construction work until the end of June 2001 under the said subcontract.

In the course of the above lawsuit (No. 3, 2004), the mining dust construction was merged with the defendant.

On September 8, 2006, the Incheon District Court Decision 2004Gahap2433 rendered a judgment that "the defendant shall pay to the plaintiff 219,30,045 won and 20% interest per annum from August 14, 2004 to the date of full payment" and the above judgment became final and conclusive on December 17, 2007.

The plaintiff filed a lawsuit in this case for the interruption of extinctive prescription of the above judgment.

2. Judgment without any basis for recognition: Articles 208 (3) 1 and 257 of the Civil Procedure Act.