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(영문) 수원지방법원안양지원 2014.07.17 2014가단7856
공사대금
Text

1. The Plaintiff. The Defendants each share KRW 35,100,000, Defendant B Co., Ltd., and Defendant C share KRW 15,000,000, and the above amount.

Reasons

1. Basic facts

A. The Plaintiff was awarded a partial subcontract for the D Exchange Organization Removal Corporation from Defendant B Co., Ltd. (hereinafter “Defendant Company”) and performed the said construction work in KRW 35.1 million.

(hereinafter referred to as “D Corporation”). (b)

On the other hand, Defendant C had already borne the obligation of KRW 15 million against the Plaintiff. However, on February 7, 2011, Defendant C drafted a letter of payment for KRW 50,100,000 to the Plaintiff (i.e., KRW 35,100,000,000,000,000).

C. In addition, around the end of 2010, the Plaintiff performed a construction work under a subcontract with the Defendant Company for a part of the “E 2nd pipe construction” (hereinafter “E construction”), and the Plaintiff and the Defendant Company settled the construction cost at KRW 8.5 million on February 14, 2012.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the above recognition as to the cause of the claim, the Defendants are obligated to pay to the Plaintiff the amount calculated at the rate of 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 4, 2014 to the date of the delivery of a copy of the complaint of this case, as sought by the Plaintiff, with respect to each of the aforementioned amounts, KRW 35.1 million for D work price, KRW 8.5 million for the Defendant Company, KRW 15 million for the existing debt, KRW 15 million for the Defendant C, and each of the above amounts.

B. As to the Defendants’ assertion 1), the Defendants paid KRW 21,071,00 on behalf of the Plaintiff to F of the head of D Corporation and E head of E Corporation with labor cost of KRW 21,071,00, and the Defendants paid KRW 14,929,00 for the remainder of labor cost of KRW 14,60,00 to F. Thus, the Defendants asserted that the amount to be paid to the Plaintiff is merely KRW 2,60,00. 2) The Defendants asserted that the amount to be paid to the Plaintiff is merely KRW 2,60,00,00. According to the evidence evidence No. 1, the Defendants paid KRW 21,071,00 to F during eight times from November 22, 2011 to November 16, 2012, but there is no evidence to acknowledge that the Defendants paid the said amount to the Plaintiff as labor cost for D Corporation and E Corporation on behalf of the Plaintiff.

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