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(영문) 서울중앙지방법원 2014.09.12 2013가합72799
양수금
Text

1. The Defendant’s KRW 200,000,000 as well as the Plaintiff’s annual rate of KRW 6% from September 26, 2013 to September 12, 2014.

Reasons

1. Facts of recognition;

A. On August 21, 2012, B Co., Ltd. (hereinafter “Nonindicted Company”) received 6.5 billion won (excluding value-added tax; hereinafter the same shall apply) from the Defendant for the Free Storage Construction Corporation located in Gwangju City (hereinafter “instant construction”) from the Defendant, and agreed to receive 6.5 billion won (the down payment of the instant construction cost, 6.5 billion won (the value-added tax); the first intermediate payment of KRW 1.3 billion (the first intermediate payment of KRW 1.3 billion) after concluding the contract; the second intermediate payment of KRW 1.3 billion (the second intermediate payment of KRW 60 billion) upon completion of 6.3 billion; the third intermediate payment of KRW 1.3 billion (the last intermediate payment of KRW 1.3 billion) upon completion of the completion inspection; and the remainder after completion of the completion inspection

B. On October 26, 2012, the Plaintiff filed a lawsuit seeking payment of KRW 550 million against the non-party company by asserting that “In investing KRW 300 million in the non-party company around March 2009, the Plaintiff agreed to receive KRW 550 million until March 25, 2010,” and that “the non-party company transferred KRW 250 million to the Plaintiff out of the claim for the construction payment against the Defendant of the non-party company, and notified the Defendant of the above transfer” was established on September 2, 2013.

(Seoul Central District Court 2012Gahap90356). (c)

The Plaintiff sent the content-certified mail accompanied by the copy of the above protocol to the Defendant, and requested the Defendant to pay KRW 250 million by September 25, 2013, by giving notice of the above transfer, which reaches the Defendant on September 23, 2013.

However, the non-party company did not complete the instant construction work and completed it at the construction site of this case on or around September 25, 2013 under the agreement with the defendant, and the construction cost of this case received from the defendant prior to the completion of the said mediation is the total amount of KRW 5,908,486,072.

E. Meanwhile, according to the direct payment agreement between the non-party company and the non-party company on August 20, 2013, the Defendant remitted KRW 150 million to the Echina structure, which is the sewage-based company, as well as KRW 200 million on September 17, 2013.

[Evidence] Facts without dispute, Gap evidence 2 to 3-2, Eul evidence Nos. 3, 8-1, 2, 11-1.

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