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(영문) 대구지방법원서부지원 2016.10.25 2015가단14383
약정금
Text

1. The Defendant: KRW 22,751,100 for the Plaintiff and KRW 5% per annum from July 14, 2015 to October 25, 2016; and

Reasons

(2) The Plaintiff is the owner of a new construction project of the fourth-story building located in B. Around December 2014, the Plaintiff was awarded a subcontract by C, a contractor of the said construction project, for the construction period of KRW 31 million and the construction period from December 26, 2014 to January 7, 2015.

On December 24, 2014, the Plaintiff and C drafted a subcontract agreement, and on the same day, the Defendant, on the same day, entered the Defendant’s name, resident registration number, address, and cell phone number in the printed payment confirmation letter stating that “I will pay KRW 31 million for the construction cost of tin construction at the Ulsan-gun B site in Ulsan-gun, Ulsan-gun, to be paid at the time of loan after the completion of the building.”

In addition, with respect to tin Corporation, the Plaintiff prepared and issued a trading statement with respect to the Defendant as follows:

The Defendant completed the registration of preservation of ownership around 31,205 on the aggregate of 145,775,000 square meters of 30 square meters of 30 square meters of 145,000 square meters of 30 square meters of 30 square meters of 30 square meters of 30 square meters of 30 square meters, and completed the registration of preservation of ownership around 325,000,000 "5 square meters of 30 20 m20 m25,000 of 10 m25,000 of 10 m25,800,000 of 30 m25,000 of 10 m25,80,000 of 10 m28,410,002,810,000 domestic estate, and completed the registration of preservation of ownership around 31,205 m205.

The assertion and the plaintiff of the judgment party shall seek payment of the construction cost of KRW 31 million to the defendant in accordance with the payment confirmation.

In this regard, the Defendant reported and confirmed the payment confirmation form written in advance by C, and did not agree to pay the construction cost to the Plaintiff. Since the Plaintiff’s construction work is non-construction and defect, the portion must be deducted.

In full view of the fact that the Defendant’s certificate of payment of liability is prepared separately on the same day as the subcontract document prepared between the Plaintiff and C, and that the Defendant agreed to pay the construction price to the Plaintiff via a payment certificate, taking into account the fact that the Defendant is the owner of new construction works.

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