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(영문) 창원지방법원 2014.07.24 2012가합7472
공사대금
Text

1. The Defendant’s KRW 800,281,815 as well as its annual 5% from October 26, 2010 to July 24, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, a corporation engaged in landscaping facility planting construction business, and the Defendant, a corporation engaged in housing construction business, awarded a subcontract for landscaping construction work in the Changwon-si, Seoul Special Metropolitan City, D, E, and F G apartment house construction project (hereinafter “G apartment house construction”) on September 25, 2008, to KRW 1,501,500,000 (including value-added tax; hereinafter the same shall apply) from Daedong construction project, which was ordered by the Defendant, a corporation engaging in housing construction business.

(F) On October 1, 2008, Daedong Integrated Construction Co., Ltd. (hereinafter referred to as the "Dong Integrated Construction Co., Ltd.") acquired the status of the instant landscaping construction contract for Taedong Construction Co., Ltd. (hereinafter referred to as the "Dong General Construction") after the above landscaping construction (hereinafter referred to as the "G Housing Construction").

B. Around February 2009, the Defendant, the owner of G Housing Corporation, and the Plaintiff, the subcontractor, was the owner of the G Housing Corporation, and the Plaintiff: (a) around February 2, 2009, the construction cost for the portion that was executed up to the time was responsible for the instant landscaping construction; (b) the construction cost incurred in the future was agreed to be procured by the Defendant and to be paid in direct payment to the Plaintiff; and (c) on October 22, 2009, the written agreement stating the same purport as the above agreement was prepared and submitted to the lender, other than the G Housing Corporation, which was

On January 15, 2010, Daedong Comprehensive Construction and the Plaintiff concluded a construction contract with 1,120,963,187 won with respect to the construction work after the Defendant decided to pay directly to the Plaintiff (hereinafter “instant construction work”). The Defendant also decided to pay the price to the Plaintiff.

C. On June 25, 2010, among G Housing Corporation, approval for the use of the said C and D portion was granted on June 25, 2010, and on the said E and F portion, a certificate of completion of usage inspection was issued on October 25, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, 6, 5, 1, 2-1, Gap evidence 3-1 through 3, and Gap evidence 10-1 through 4, and arguments.

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