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(영문) 대구지방법원 2019.09.10 2015가단115562
양수금
Text

1. The Defendant: (a) KRW 27,700,000 and the Plaintiff’s KRW 20% per annum from August 6, 2015 to September 30, 2015; and (b) October 1, 2015.

Reasons

1. Basic facts

A. The Defendant, along with husband C (hereinafter referred to as “Defendant”), is a person who operates the Eelel located in Daegu-gu Eelcom and the G kindergarten located in Daegu-gu, Daegu-gu, with husband C (hereinafter referred to as “Defendant”).

B. Around March 2014, the Defendant awarded a contract for the eel remodeling work (hereinafter “Eel Work”) to Nonparty H Co., Ltd. (hereinafter “Nonindicted Company”) for KRW 44,300,000 for the construction cost, and thereafter awarded a contract for the eel remodeling work for KRW 566,80,000 for the construction cost.

C. Around May 2014, Nonparty Company subcontracted to the Plaintiff construction cost of KRW 49,500,000 for the installation of the EM room management system. Around June 2014, Nonparty Company subcontracted the EM CCTV construction cost of KRW 13,200,00 for construction cost, and the Plaintiff completed the installation of the EM room management system and the closed-circuit CCTV construction (hereinafter “instant construction”).

The non-party company paid KRW 10,00,000 to the Plaintiff out of the price for the instant construction, and on November 12, 2014, the non-party company transferred to the Plaintiff the “Tgu Seo-gu Office D, Emburine Management System Establishment Claim, and Claim 52,700,000,000, which the non-party company held against the Defendant. The non-party company sent the said assignment to the Defendant by mail verifying the content of the said assignment on the same day, and reached the Defendant on November 13, 2014.

E. The Plaintiff received more payment of KRW 25,000,000 for the instant construction work.

F. On the other hand, the non-party company discontinued while performing the eel construction, and thereafter, the defendant and the non-party company agreed to pay in installments the balance of the construction cost and additional tax, etc. that the defendant should pay to the non-party company as to the eel construction and kindergarten construction around April 2015.

G. After that, the Defendant paid KRW 9,500,000 to the non-party company on June 1, 2015, and the non-party.

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