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(영문) 수원지방법원 안양지원 2017.04.21 2016가합102196
공사대금
Text

1. The Defendant’s KRW 79,576,671 as well as the Plaintiff’s annual rate of 5% from June 26, 2015 to April 21, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is the drilling of the mineral resources drilling Corporation, and the defendant was working in the Korea Resources Corporation.

B. Around May 2012, Korea Geographical Engineering Co., Ltd. (hereinafter “Korea Geographical Engineering Co., Ltd”) awarded a contract for the Kameral construction work from Daewoo International Co., Ltd., and subsequently, upon the Defendant’s introduction, awarded a subcontract for the said construction work to the Plaintiff at 90% of the contract amount, and the Plaintiff agreed to pay 10% of the subcontract amount to the Defendant at the introduction cost.

(hereinafter referred to as “the above construction”). C.

In around 2013, the Korea Resources Corporation entered into a contract for D Co. Lt. and Cambodia, the representative of C, and around that time, the Plaintiff agreed to accept the above construction work upon introduction by the Defendant (hereinafter referred to as “ Cambodia”), and the original Defendant agreed that C and 20% of the construction cost as the Plaintiff’s share.

From September 5, 2012 to December 19, 2013, Korea received USD 479,014.66 as the construction cost in Chicago, and paid to the original defendant an amount equivalent to his/her share. C received USD 352,80 as the construction cost in Cambodia on April 16, 2014, and paid USD 134,313 among them.

E. On the other hand, the Plaintiff completed the Chicago Construction Work and Cambodia Construction Work.

[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2, 3, Gap evidence 10, 11, and 25, witness E's testimony and purport of the whole pleadings

2. The Plaintiff’s assertion did not receive KRW 65,702,949 in relation to the Lao Corporation, and KRW 6,105,582 in relation to the Cambodia Corporation. Since the Defendant borrowed KRW 6,700,000 or received unjust payments, the Plaintiff did not receive KRW 79,576,671 in total from the Defendant.

And C is a contracting party in the name of Cambodia, and the defendant actively participates in the Corporation.

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