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Reasons
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(영문) 광주지방법원 2016.07.07 2015가단5816
공사대금
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1. The Defendant’s KRW 24,276,398 as well as the Plaintiff’s annual rate of KRW 6% from July 9, 2015 to July 7, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who runs a construction business under the trade name B, and the defendant is a stock company.

B. On May 30, 2014, the Defendant received a written notice of liquidation from the Plaintiff’s agent C, which includes the following:

In the case of the construction cost of the household facilities among the projects to improve the river environment of the D Zone in which the Defendant subcontracted from the said company and works for the Plaintiff, the sum of the oil 26,021,430 won paid by the Defendant shall be deducted from the construction cost of the facility construction of the D Zone.

The plaintiff shall be liable for, and pay, the equipment costs, material costs, labor costs, expenses, and all other expenses used by the plaintiff. If any unpaid amount relating to construction works is incurred due to the plaintiff's reasons, the plaintiff shall be paid, regardless of the situation before and after, and the plaintiff shall be liable for civil

However, if the defendant has any remaining amount to be paid to the plaintiff, only the agreed amount may be paid directly to the claimant only when the plaintiff agreed with the claimant who requested payment from among the participants in the instant construction project.

C. On May 30, 2014, the Defendant confirmed that the construction work of the instant case completed by the Plaintiff was not examined, and that the Plaintiff and the Plaintiff have increased the total construction cost from KRW 3,700,000 to KRW 406,70,000.

On the other hand, the defendant paid to the plaintiff a sum of KRW 356,402,173 on the following dates:

1 2013 1

9. 16. 16. : 44,220,000 won (Payments to Econstruction) 2. 3. 3.: 30,000,000 won; 3. 8. 5,000,000 won: 1, 2014

1. 23. : 40 thousand won; and

1. 28. : 33,000,000 won; and

2. 28. 25,000,000 won

3. 27: 100,000,000 won.

4. 25. : 16,500,000 won (=4,000,000 2,500,000,000) 6

5. 30. : 30,683,90 won

7. 25. : 1,998,182 won 8.

8. 21. 21. : 30,000,000 won (payment of electronic bills) has no ground for recognition.

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