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(영문) 인천지방법원 2016.05.04 2015가합5367
공사대금
Text

1. As to the Plaintiff KRW 216,977,604 and its KRW 15,00,00 among them, the Defendant shall pay to the Plaintiff KRW 79,09,660 from June 27, 2013.

Reasons

1. Basic facts

A. Construction cost 1) The Plaintiff is a stock company with the purpose of the steel construction business, and the Defendant’s total of six works [1] & total of six works from the Defendant (2) STX2 Iron Iron Iron Iron (D located) ③ C Iron Iron (D located) (4) E Iron Iron Iron (F located) ⑤ E E Tra (F located), ⑤ E Trak beamline and Trakline Corporation (F located), and hereinafter “each of the instant works”

[2] Around October 10, 2013 to October 21, 2013, the Plaintiff received a total of KRW 525,00,000 from the Defendant to December 4, 2013, and the Defendant received a total of KRW 154,096,660 (=679,096,600), and confirmed that the unpaid construction payment remaining as of December 26, 2013 was 154,09,660 won (=679,096,660 won -525,000,000 won -).

3) After the confirmation of the said unpaid construction cost, the Plaintiff received additional payment of KRW 75,00,000 from the Defendant around 2014. B. The Plaintiff deposited KRW 10,000,000 in a bank account in the name of H, a spouse of the Defendant’s representative director G, and KRW 15,00,000 on June 26, 2013, respectively, and instead lent KRW 25,00,000 to the Defendant (hereinafter “instant loan”).

(C) On December 1, 2014, the Defendant received KRW 10,000,00 from the Defendant as repayment of the principal of the said loan. (c) The Plaintiff and the Defendant agreed to jointly invest funds in around 2012 to purchase and divide profits from the land of several parcels, such as I forest land, etc., Incheon Strengthening Gun.

2. The Plaintiff shall pay the Defendant KRW 11,80,000 in the aggregate of KRW 36,80,000 on July 2, 2012, KRW 15,000 on August 8, 2012, KRW 35,00,000 on October 15, 2012, KRW 15,000 on October 19, 2012, KRW 11,80,000 on September 10, 2013, and KRW 4,025, KRW 404 on February 25, 2013, KRW 4,025, KRW 404 on April 24, 202, KRW 404 on April 25, 2013, KRW 36,305,00 on June 25, 2013, and shall be paid to the Defendant’s several cooperatives, etc. over the period of the Defendant’s fisheries.

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