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(영문) 광주지방법원 2017.06.14 2016가단3503
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 61,766,00 and the interest rate of KRW 15% per annum from January 20, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On August 2013, the Plaintiff received from the Defendant the construction cost of KRW 250,459,00 (including surtax; hereinafter the same shall apply), around November 2013, 37,400, and around April 2014, and completed the construction cost of the factory fences and entrance doors around KRW 13,849,00, respectively.

B. The Plaintiff received KRW 239,942,00,000 among the sum of the subcontract price of this case (hereinafter “the total subcontract price of this case”), in direct payment form from B, the ordering entity, and the remainder of KRW 61,76,000 (hereinafter “the subcontract price of this case”) was not paid.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9 (including each number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts, the defendant is obligated to pay to the plaintiff the remainder of 61,766,000 won after deducting the amount the plaintiff received from B from the total subcontract price of this case, barring special circumstances.

B. The Defendant’s assertion 1) B and the Plaintiff Company agreed to settle the construction cost of a factory between the Defendant and B on July 2014, and directly pay the Plaintiff’s subcontract price in B.

B) However, at the time of preparation of the settlement statement on July 21, 2014, B stated that only KRW 239,942,000 was directly and severally disposed of. There are no circumstances as to whether the Defendant would pay the remainder of the subcontract price of this case to the Plaintiff, and there is no special reason to do so. C) B and the Defendant on August 13, 2015.

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