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(영문) 수원지방법원 성남지원 2018.07.24 2017가단219491
공사대금
Text

1. The Defendant shall pay KRW 35,650,00 to the Plaintiff the annual rate of KRW 15% from September 5, 2017 to the date of complete payment.

Reasons

1. On May 20, 2015, the Plaintiff: (a) purchased a subcontract from May 21, 2015 to June 6, 2015; and (b) completed the construction work around that time; (c) obtained a subcontract for construction work from May 21, 2015 to June 6, 2015; or (d) obtained a payment of KRW 10,650,00 from the Defendant for the construction work from May 20, 2015 to May 21, 2015; (b) obtained a payment of KRW 35,650,000 among the construction work price above from the Defendant; and (c) barring any special circumstance, the Defendant is obligated to pay the Plaintiff KRW 45,650,00 (=650,000) to the Defendant at the annual rate of KRW 10,500,000,000 from the date of completion of the lawsuit to the date of completion of the lawsuit.

2. The defendant's argument regarding the defendant's assertion that the defendant accepted the whole remodeling works of this case from D, and that the contract with E was rescinded as a result of delay in the payment of the construction cost, and in the process, the plaintiff, the defendant, and the third party agreed that "the plaintiff shall receive the above construction cost from E and shall not make a claim against the defendant." Thus, the defendant's obligation to pay the construction cost against the plaintiff does

On the other hand, the Defendant’s above assertion appears to the effect that E took over the obligation to pay the construction price against the Plaintiff as a discharge. However, there was an agreement that, as alleged by the Defendant, the written evidence Nos. 3, 4, and 5 provided that E will exempt the Defendant from liability instead of paying the construction price, as otherwise alleged by the Defendant.

The plaintiff is entitled to such exemption from liability.

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