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(영문) 대구지방법원서부지원고령군법원 2020.05.27 2019가단524
청구이의
Text

1. The Defendant’s decision on the Defendant’s recommendation of performance in the Daegu District Court, Seogu Branch Branch of the District Court, the 2019 Ghana191 case.

Reasons

1. Basic facts

A. On February 12, 2019, the Defendant filed a lawsuit with the Daegu District Court (2019 Ghana 6103) demanding the Plaintiff to pay the construction cost of KRW 22,231,00 not paid by the Defendant, even after having been awarded a subcontract for packaging construction from the Plaintiff (i.e., KRW 12,080,200 E Work Balance of KRW 3,740,000 E Work Balance of KRW 3,603,80,000, and KRW 4,807,00,000 for each of the above construction works (hereinafter referred to as “each of the instant construction works”).

According to the above court's decision of transfer on February 21, 2019, the above case was transferred to the Daegu District Court for the elderly military court (2019 family court).

B. The above old military court rendered a decision on performance recommendation on March 12, 2019 (hereinafter “the decision on performance recommendation of this case”) stating that “the Plaintiff shall pay the Defendant the amount of KRW 22,231,000 for each of the construction costs of this case and the interest rate of KRW 15% per annum from the day following the day of delivery of a copy of the complaint to the day of full payment.”

C. The decision on the instant performance recommendation was made on April 6, 2019 on the ground that the Plaintiff failed to raise an objection within two weeks after receiving the instant performance recommendation decision.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-3, the purport of the whole pleadings

2. The allegations by the parties and the judgment thereof

A. The plaintiff's assertion that the plaintiff made payment to the defendant of all of the construction costs of this case, so compulsory execution based on the decision of performance recommendation of this case shall be dismissed.

B. The Defendant’s assertion purport of the instant decision on the recommendation of performance refers to the Defendant’s claim for the payment of KRW 4,807,00,000 for the remainder of the construction work preventing the decline.

Except for this, “Breging 17,424,00 won” (i.e., 12,080,200 E Work Balance of KRW 12,740,200, F Work Balance of KRW 3,603,80,000; hereinafter the same shall apply) with respect to each remaining construction work, the amount stated in the estimate submitted by the Defendant to the Plaintiff (i) shall be the construction cost.

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