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(영문) 청주지방법원 2015.11.19 2014가단157852
공사대금
Text

1. Defendant G: (a) KRW 22,39,00 to Plaintiff A; (b) KRW 15,407,00 to Plaintiff B; (c) KRW 11,867,00 to Plaintiff C; and (d) KRW 11,867,00 to Plaintiff D.

Reasons

1. Claim against Defendant G

(a) Indication of claims: To be as shown in the reasons for the claims;

[The main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 26553, Sep. 25, 2015; effective Oct. 1, 2015) and Article 2(2) of the Addenda of the same Act, seek for the payment of damages for delay calculated at the rate exceeding 15% per annum from Oct. 1, 2015 among the Plaintiff’s claims, shall not be accepted.

Judgment without Oral Proceedings (Articles 257 and 208 (3) 1 of the Civil Procedure Act)

2. Claim against Defendant F;

A. Basic facts 1) The Plaintiffs are construction business operators, including aggregate transportation business, and Defendant F is located in Chungcheongnam-gu H (hereinafter “I”).

(2) Around May 12, 2014, Defendant F purchased 20,596 square meters adjacent to I and entered into a construction contract (hereinafter referred to as “instant contract”) with Defendant G to cover KRW 20,000,000 (all the construction works shall be limited to the said KRW 20,000,000,000 and the additional amount shall not be issued) for the construction work between Defendant G and the period of construction work, setting the period from May 13, 2014 to May 18, 2014.

3) On May 13, 2014, Defendant F paid all the construction cost of KRW 20 million under the instant contract until June 10, 2014, including the payment of KRW 5 million to Defendant G, as well as the payment of KRW 5 million to Defendant G. [Grounds for Recognition], the absence of dispute, Eul’s entries in subparagraphs 2 through 4 (including numbers, if any, and the purport of the entire pleadings).

B. 1) The main point of the Plaintiffs’ claim is as follows: Defendant G received a contract from Defendant F for construction work to create I’s parking lot on the land of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; and Defendant G made a oral contract with the Plaintiffs by raising waste aggregates in K and raising them with the Plaintiffs, covering matos, and then stockpiling stone above.

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