logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원구미시법원 2020.03.19 2019가단100202
청구이의
Text

1. The defendant's case of construction price payment against the plaintiff at the Daegu District Court, Kimcheon-si, Seoul District Court 2018 tea 1170, 2019.

Reasons

1. On December 31, 2018, the Defendant filed an application against the Plaintiff for a payment order seeking payment of the said construction price and damages for delay on the ground that the Defendant had a claim for construction price of KRW 22,00,000 against the Plaintiff as the court of this Court No. 2018 tea 1170, and the payment order issued on January 9, 2019 by this Court was served on the 15th of the same month and confirmed on the 30th of the same month.

2. On October 20, 2016, the Plaintiff asserted that compulsory execution based on the above payment order shall not be permitted since the Plaintiff paid KRW 329,00,000,000, out of KRW 341,000,000 under the contract with the Defendant for solar power plants, civil engineering, drainage, and pentle Corporation (hereinafter “instant construction”), which was concluded with the Defendant, by March 30, 2018, and the Defendant collected both the remaining 12,00,000,000,000, and the delayed payment and expenses thereof, and the Defendant did not receive KRW 30,000,00,000 from the Plaintiff on February 17, 2017, but did not receive KRW 10,000,000,000 from the Plaintiff Company’s actual transfer, and the Defendant did not receive the said KRW 10,000,000,000 from Nonparty 30,00,000.

3. According to the evidence No. 9-2, the Plaintiff remitted KRW 30,000,00 to the Defendant on February 17, 2017, and the Plaintiff’s letter of entry and withdrawal transaction statement as to “transaction entry” may be acknowledged as the facts indicated respectively, and the “transfer camera” column as “E power plant construction works.” In light of the contents of evidence No. 10-2, No. 2, A12 (Written Statement), A11 (Evidence), and A13 (Verification of Facts), etc., the Plaintiff’s letter of entry and withdrawal transaction statement as to the Defendant at the time of transfer of KRW 30,000,000,000 to the Defendant, the Plaintiff’s letter of entry and withdrawal transaction statement as to KRW 10,000 among the Defendant.

arrow