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(영문) 서울남부지방법원 2016.10.14 2016가단4857
물품대금
Text

1. The defendant shall pay to the plaintiff KRW 30,580,000 as well as 6% per annum from May 1, 2014 to February 11, 2016 and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who provides early, in the name of “B” or “B” and the Defendant (formerly: A.D.) is a company running a housing construction business.

B. Around June 14, 2012, the Defendant entered into a contract for a construction project with D, which sets the construction cost of KRW 1.276 billion (including value-added tax) and the construction period from July 1, 2012 to September 14, 2012, converting the interior works of KRW 1.276 billion into the building 4 and 5 stories into a business facility (officetel) with D, who runs the interior works construction business in the name of “C”.

The construction began on July 1, 2012, and the defendant obtained approval for use of the building around April 26, 2013.

C. Around July 6, 2012, the Plaintiff entered into a contract for a construction project subcontracted from D to the construction cost of KRW 95,500,000 (additional tax separate) for the instant officetel block work (hereinafter “instant construction work”), among the instant officetels construction work, from July 6, 2012, and from July 16, 2012 to August 31, 2012.

D A. Around August 9, 2012, the Plaintiff gave up the construction work in the middle, but the Plaintiff continued to complete the construction work with the Defendant’s direction.

In light of the fact that the plaintiff's work type was recognized as a early construction (Evidence 2), the plaintiff is deemed to have been awarded a subcontract for early construction from D in light of the details of estimates (Evidence 2 of A), the fact that the plaintiff's work type was recognized as a early construction (Evidence 2) in Incheon District Court's 2014Da37356 (Main Office), and the fact that the plaintiff's work type was recognized as a early construction (Counterclaim) between the defendant and D.

On June 12, 2013, the Defendant drafted a written statement of payment guarantee with the purport that “The Plaintiff will settle the balance of the proposed payment of the instant construction contract by June 30, 2013. At the time of the remainder payment, the Plaintiff shall submit the bond for the performance of defect repair in the instant case.”

E. On June 30, 2013, the Defendant stated that “The Plaintiff would settle the balance of KRW 27.8 million for the instant proposal for the construction contract by March 30, 2014.”

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