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(영문) 대전지방법원 2015.07.21 2013가단27494
공사대금
Text

1. As to KRW 25,433,213 and KRW 24,832,00 among them, the Defendant shall pay to the Plaintiff the year from March 1, 2012 to July 21, 2015.

Reasons

1. Basic facts

A. On May 6, 2010, the Defendant entered into a contract with Nonparty Co., Ltd. for the installation of facilities for landscaping and the construction of facilities for landscaping and the construction of facilities for landscaping and the construction of facilities for landscaping in the Acheon-2 District Ecological River Maintenance Works (hereinafter “Acheon-2 District Ecological River Construction Works”) on the following grounds: (a) on May 6, 2010; and (b) on March 4, 2010, the Defendant agreed to supply materials for construction related to the above construction of facilities for landscaping and supply of facilities for landscaping.

(hereinafter referred to as “total of the above contracts” refers to the instant construction contract, and the Defendant’s construction work under the instant construction contract. B.

On July 1, 2011, the Plaintiff entered into a contract with the Defendant to receive a subcontract with the cost of construction KRW 73,348,000 (hereinafter “instant subcontract contract”) of the instant subcontracted construction (hereinafter “instant subcontracted construction contract”) and the construction accordingly, until December 31, 2011, the instant subcontract construction was completed.

C. On February 15, 2012, the Plaintiff and the Defendant drafted an authentic deed of compulsory execution, recognition, and partial repayment (quasi-loan for consumption) that the Defendant bears to the Plaintiff the obligation of KRW 73,348,000 against the Plaintiff.

Based on the above notarial deed, on February 23, 2012, the Plaintiff applied for the attachment and assignment order of KRW 73,348,000, out of the claim for the instant construction payment against the Defendant’s volcanic Construction, as the Daejeon District Court Branch Decision 2012TTTT1253, and completed the attachment and assignment order on February 27, 2012, and the said assignment order reached the construction of volcanic as the garnishee on February 29, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7 (including paper numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The arguments of the parties and the determination thereof.

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