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(영문) 대전지방법원 2015.11.26 2014가단47235
공사대금
Text

1. The Defendant shall pay KRW 15,650,00 to the Plaintiff the annual rate of KRW 15% from November 17, 2015 to the date of full payment.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap evidence No. 1, Gap evidence No. 2, and evidence No. 5-2, the plaintiff received a subcontract for KRW 295,650,00 (hereinafter "subcontract in this case") from the defendant on April 14, 2014, part of the aggregate construction work for automobile maintenance and factory in Daejeon-gu, Daejeon-gu, which the defendant contracted from Eul (hereinafter "the subcontract in this case"). The plaintiff completed the subcontracted work in this case on July 22, 2014. The plaintiff received KRW 240,000,000 from the defendant on June 2, 2014 to July 8, 2014, and KRW 40,000,000 from the defendant on September 5, 2014 and KRW 40,000,000 from the construction work price in this case to the defendant on July 205, 205.

2. On September 5, 2014, the Defendant’s defense: (a) the Plaintiff and the Plaintiff settled the unpaid amount of KRW 40,000,000 among the subcontract price of this case; and (b) the Plaintiff agreed to receive the aforementioned settlement amount of KRW 40,00,00 from B; (c) so, the Plaintiff did not have an obligation to pay KRW 15,650,000 to the Plaintiff the remainder of the subcontract of this case; (d) according to the evidence No. 5-2 of the evidence No. 5-2, the Defendant prepared a written consent to directly pay KRW 40,00,000 among the subcontract price of this case to the Plaintiff on September 5, 2014 to the Plaintiff, but it is recognized by witness witness evidence No. 5-2; and (e) the following circumstances are acknowledged as follows:

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