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(영문) 대구지방법원서부지원 2019.12.18 2019가단3992
공사대금반환
Text

1. The Defendant’s KRW 88,00,000 and its amount shall be 15% per annum from April 20, 2019 to May 31, 2019 to the Plaintiff.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 3, the plaintiff entered into a subcontract with D as a sub-subcontract on July 30, 2018, where E Co., Ltd. (hereinafter referred to as "E") operated by the defendant as of March 19, 2018, with a contract amount of KRW 56 million for the Changho Construction among the new construction works of G neighborhood living facilities (hereinafter referred to as "the construction works in this case"), and the plaintiff entered into a sub-subcontract with the defendant as to the contract amount of KRW 534.6 million on October 20, 2018, the contract amount of the above construction works as of the subcontractor and the above construction works, which were executed by the defendant as of October 30, 2018, and the plaintiff requested the defendant to pay the construction price in this case at the rate of KRW 100,000,000,0000,000,000,000,000.

In regard to this, the Defendant asserts that the Defendant cannot claim the payment of the construction cost to the Defendant unless the Plaintiff entered into a new subcontract with E as above, but as seen earlier, the Defendant entered into a subcontract with E to the instant construction work and continued the said construction work while doing so, and paid part of the construction cost to the Defendant.

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