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(영문) 인천지방법원 2018.07.18 2017가단16869
공사대금
Text

1. The Defendant: (a) KRW 8,500,000 to Plaintiff A, as well as 5% per annum from February 15, 2016 to May 26, 2017, respectively.

Reasons

1. Facts of recognition;

A. On July 21, 2014, the Defendant awarded a contract to D (E) for a construction project to build a new neighborhood life and housing (hereinafter “instant construction project”) on the south-gu Incheon Metropolitan Government F on the F ground, and G supervised and supervised the construction site on behalf of D.

Plaintiff

A was awarded a subcontract for the instant construction among the instant construction works by G through G, and Plaintiff B was awarded a subcontract for the instant electrical construction among the instant construction works through G.

B. Around May 2015, D discontinued the instant construction project, which continued until January 2016, and subcontractors, including the Plaintiffs, claimed a lien on the construction site.

Accordingly, on January 2016, the defendant tried to resume construction interrupted through subcontractors and complete the rest of construction directly.

C. 1) On January 26, 2016, the Defendant drafted to Plaintiff A a certificate of confirmation (Evidence A No. 4-1) as follows (hereinafter the payment agreement based on the above certificate) (hereinafter the “first payment agreement”).

3) A creditor: A creditor of HA bank J of the HA bank : C, the debtor of HA bank J of the HA bank, left only the remainder e.g., e., e., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.

3) On January 29, 2016, Plaintiff A received KRW 3,000,000 from the Defendant. D. 1) On January 26, 2016, the Defendant drafted to Plaintiff B a certificate of confirmation that the Defendant would pay the amount of electrical construction until February 5, 2016, as in the case of Plaintiff A, to Plaintiff B.

(hereinafter referred to as the "payment arrangement" under the above certificate of confirmation . 2) The plaintiff B written confirmation that the electrical construction price is KRW 20,000,000 from G of the On-Site Director on January 28, 2016 (Evidence 6).

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