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(영문) 수원지방법원성남지원 2015.01.16 2014가단210592
전부금
Text

1. The Defendant shall pay to the Plaintiff KRW 41,00,000 and the interest rate of KRW 20% per annum from June 14, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On July 4, 2013, the Plaintiff filed an application with the Suwon District Court for a payment order claiming the payment of the rent for temporary materials and the amount of damages for delay damages (hereinafter “instant payment order”) against the non-party 2,00,00 EWF (hereinafter “Non-party 2,00,000) (hereinafter “Non-party 2,00,000) (hereinafter “Non-party 2,00,000) and the said payment order is the same year.

9.12. A final and conclusive date.

B. On September 4, 2008, the non-party company received a subcontract for construction cost of KRW 86,900,000 for the first floor and the first floor concrete construction work of the non-party company, which was ordered by the defendant, from the Hanban Annb Co., Ltd. (hereinafter “Korea T&C”), and completed construction on November 28 of the same year. The non-party company agreed to pay the above construction cost directly to the non-party company from April 24, 2009 to May 10, 2009 and paid KRW 45,900,000 to the non-party company.

C. On July 13, 2012, the non-party company filed a lawsuit against the non-party company 41,000,000 won (=86,90,000 won - 45,900,000 won - 45,000 won) and damages for delay (hereinafter “the lawsuit of this case”) against the non-party company as the Incheon District Court Decision 201Da56176, Jul. 13, 2012. The defendant asserted that the defendant paid the non-party company the remainder of 41,00,000 won (hereinafter “the lawsuit of this case”). However, the above court rejected the non-party company’s defense and accepted the non-party company’s claim on May 9, 2013; the defendant and the non-party company from June 23, 2009 to July 13, 2013; the court below ruled that the non-party company and the non-party company 31,0131,03300 per annum.”

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