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(영문) 서울중앙지방법원 2018.04.20 2017가합539092
공사대금
Text

1. The Defendant’s KRW 1,284,422,740 among the Plaintiff and KRW 120,077,512 from January 2, 2017 to KRW 1,164,345,228 among the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 13, 2011, the Plaintiff and B, C, and D Co., Ltd. (formerly, “E Co., Ltd.”) constituted joint contractors (share ratio: Plaintiff 70%, Plaintiff B Co., Ltd., 10%, C10%, and 10% of D Co., Ltd.) and were awarded a contract for “F” from the Defendant.

B. On November 2016, the Plaintiff filed a claim with the Defendant for KRW 19,784,313 for the payment for the 7th payment for the 6th payment for the completed portion, and KRW 100,293,199, respectively, around December of the 6th payment for the 8th payment for the 6th payment for the construction work, according to the degree of the performance of the construction work.

C. On April 4, 2017, the Plaintiff filed a claim with the Defendant for advance payment of KRW 3,640,00,000 that was duly calculated under the said contract, but the Defendant paid only KRW 2,475,654,772 to the Plaintiff on May 4, 2017.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the total sum of KRW 120,077,512 (i.e., KRW 100,293,29) and KRW 1,164,345,228 (i.e., KRW 3,640,000 - KRW 2,475,654,772) with the total sum of KRW 120,07,512 and KRW 120,07,512 (i.e., KRW 67: 19,784,313) and KRW 100,29,345,228,000 (i.e., KRW 3,640,65,772); and (ii) with respect to KRW 120,07,512,000,000 from the date of filing a claim for each of the above progress payment to the Plaintiff; and (ii)

3. Judgment on the defendant's assertion

A. The Defendant’s assertion and G Co., Ltd. (hereinafter “G”) around June 2009.

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