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(영문) 대구지방법원 2016.03.23 2015나15908
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 7, 2015, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant (a mutual name of the Defendant was changed from “C Co., Ltd. to “Co. Company B” on January 22, 2015) on the commencement date of the instant construction project with respect to the instant construction project among multi-household housing (hereinafter “instant construction project”) as KRW 12,243,000 (payment for advance payment, KRW 4,000,000, KRW 5 days after consultation, and the remainder payment).

B. On February 2015, the Plaintiff completed the instant construction work.

C. On December 2014, the Defendant’s present representative E acquired management rights, etc. against the Defendant from the Defendant’s former representative director F.

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

2. The Plaintiff entered into the instant contract with the Defendant by stipulating that construction cost of KRW 12,243,00 for the instant construction project and any balance shall be paid within five days after the completion of the construction, and the completion of the instant construction project on or around February 2015 is as seen earlier. Meanwhile, the Plaintiff voluntarily acknowledged that the Plaintiff received KRW 6,00,000 from the Defendant (i.e., February 7, 2015) (i., KRW 2,00,000 for the construction cost of KRW 6,243,000 for the remainder of the construction cost of the instant construction project (i.e., KRW 12,243,000 for the remainder of construction cost of KRW 6,243,00 for the instant construction project and KRW 6,240,000 for the remainder of the construction payment period of KRW 6,240,000 for the remainder of the construction payment period of KRW 25,205 for the remainder of the construction payment period.

3. Judgment on the defendant's assertion

A. The Defendant’s present management, on January 20, 2015, took over the Defendant from the Defendant’s former management on or around January 20, 2015.

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