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(영문) 수원지방법원평택지원 2016.09.21 2016가단3282
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,467,101 and the interest rate of KRW 15% per annum from April 8, 2016 to the date of complete payment.

Reasons

1. According to the Gap evidence Nos. 1 through 5 (including each number, the defendant defense that Gap evidence Nos. 2 (written evidence) was made up by fraud, coercion, etc. of Songjin-gu, Seoul, and there is no evidence to acknowledge it), as to the cause of the claim, the defendant is the project implementer of the construction project of Taejin-gu, Seoul, and the plaintiff was awarded a subcontract for the installation of walls and drainage plates and noise prevention works among the above construction works. On February 19, 2016, the defendant agreed to pay 2,450,000 won to the plaintiff who is the subcontractor, the above sub-construction company and the above sub-construction company, and the above sub-construction company transferred the claim for construction cost of the above 2,245,000 won to the defendant on February 25, 2016, which was delivered to the defendant on the following day, and there is no evidence to acknowledge the fact that the defendant is obligated to pay the above 2,501,000 won to the defendant within 24.

2. As to the defendant's assertion, the defendant alleged that the defendant agreed to pay the construction cost claim against the defendant of the Song Construction Co., Ltd. that he acquired by the plaintiff as a condition precedent, and since the condition precedent was not fulfilled, the plaintiff also has no obligation to pay it. However, it is insufficient to recognize that the statement of evidence No. 2 was an agreement on the suspension condition of the defendant's assertion, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.

3. Conclusion.

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