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(영문) 의정부지방법원고양지원 2017.08.17 2016가단20711
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 123,032,00 and the interest rate of KRW 15% per annum from September 6, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. On September 26, 2012, the Plaintiff was awarded a subcontract for urban gas construction works from the Defendant to Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) and completed the construction work as follows.

1) Construction site ① D apartment site ① Construction period: D apartment located in Seoul E,F, andG: Construction period:

B. In addition, on July 2013, the Plaintiff requested the Defendant to perform additional construction works on the construction sites of the said three sites, and completed the additional construction works worth KRW 32,282,000 until September 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts as to the cause of the claim, the Defendant is obligated to pay the construction cost of KRW 123,032,00 (i.e., KRW 52,800,000, KRW 19,250,000, KRW 32,282,000) and damages for delay, unless there are special circumstances to the Plaintiff.

B. As to the Defendant’s assertion, the Defendant first agreed that (i) the Plaintiff, the Defendant, and the third party of the company transferred to the Plaintiff the claim for the construction price of KRW 123,032,00 against the non-party company in order to repay the obligation for the construction price to the Plaintiff, and (ii) the Plaintiff agreed that the non-party company consented to the payment of the construction price of KRW 123,032,00 against the non-party company.

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