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(영문) 인천지방법원부천지원 2019.08.29 2019가단3525
양수금
Text

1. The Defendant: (a) KRW 8,569,142 to the Plaintiff; (b) KRW 5% per annum from February 27, 2019 to August 29, 2019; and (c) August 30, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. Party status 1) The Defendant is a company with the aim of manufacturing and installing steel structures, etc. C (hereinafter “C”).

(E) Co., Ltd. (hereinafter “E”) after being awarded a contract for the construction and miscellaneous works of metal windows among the new construction works of D houses.

2) On November 20, 2010, the Plaintiff subcontracted the construction work of Aluminium in the above construction work. (2) On November 20, 2010, the Plaintiff engaged in the construction work after completing business registration with F, and acquired the remainder of the construction payment claim against E from E.

B. 1) The Defendant entered into the instant construction contract on August 1, 2017 (hereinafter “instant construction project”) with the installation of Aluminum windows in E and D houses (hereinafter “instant construction project”).

(A) From August 1, 2017 to September 30, 2018, the term of construction contract is set at KRW 340,300,000 (including value-added tax) and the contract is entered into with the terms and conditions of the construction contract (Evidence 6, Evidence 2, 2, hereinafter “instant contract”).

2) Of the terms of the instant contract, the issues of the instant case are as follows.

Defect bond: 10% settlement method of the contract amount: The increase or decrease in the quantity monitoring of the original building shall be settled according to the contract ratio.

The Parties shall enter into a contract for construction works in accordance with the terms and conditions of the construction contract, site descriptions, design drawings and specifications of the above contents and separate lots office buildings.

3) The special conditions attached to the instant contract agreement (No. 5) stated as follows: “E shall be settled according to the volume settlement with the Defendant and C.”

C. The Defendant paid the construction price to E as the construction price in this case; KRW 21 million on November 21, 2017; KRW 89.5 million on November 30, 2017; KRW 20 million on December 22, 2017; KRW 53 million on December 29, 2017; KRW 11 million on January 23, 2018; KRW 35,145,00 on January 31, 2018; KRW 15 million on February 14, 2018; KRW 736,60,000 on February 28, 2018; KRW 5 million on December 28, 2018; and KRW 5 million on December 29, 2008; and

The instant construction cost claim is transferred.

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