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(영문) 부산지방법원 2016.08.09 2015가단82944
공사대금
Text

1. The current Construction Co., Ltd. shall pay to the Plaintiff KRW 70,040,172 as well as the full payment from December 17, 2015.

Reasons

1. As to the claim against the current comprehensive construction company of the defendant corporation

A. From among the maintenance and repair works in Busan Northern Port in 2014, a contract was entered into for the repair works outside the 637 million won for the repair and maintenance works outside the studio corporation, the Defendant corporation with the indication of the claim (hereinafter “Defendant corporation”). On July 3, 2015, the term “628,200,000 won” as stated in the claim of KRW 628,980,000 as of July 3, 2015 appears to be the clerical error of “62,89,000 won.”

The plaintiff received only KRW 558,939,828, and the defendant company is obligated to pay the remaining KRW 70,040,172 to the plaintiff. Thus, the lawsuit in this case is filed.

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

C. As the Plaintiff seeks, the Defendant Company is obligated to pay to the Plaintiff the construction cost of KRW 70,040,172 and damages for delay calculated at the rate of 15% per annum from December 17, 2015 to the date of full payment, which is the day following the date of final delivery of a copy of the instant complaint, as the Plaintiff seeks.

2. As to the claim against the defendant Busan Port Corporation

A. Basic facts 1) The Plaintiff and the Defendant Company are Defendant Busan Port Corporation (hereinafter “Defendant Corporation”) on December 30, 2014.

(1) The Busan Coast Guard (hereinafter “instant construction”) in 2014, which was contracted by the Corporation.

(2) Of the above, the Defendant Corporation agreed to directly pay to the Plaintiff a considerable portion of the Plaintiff’s subcontract price out of the work price for the Defendant Company, and directly paid the Plaintiff KRW 188,62 million on February 17, 2015 and KRW 326,09,840 on May 28, 2015 as the subcontract price.

3 Around July 3, 2015, Defendant Company requested Defendant Company to pay KRW 160,549,260 in total, including KRW 43,779,100, and KRW 116,770,160, and KRW 160,00 to the Plaintiff.

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