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(영문) 전주지방법원 2016.08.19 2015가합3203
공사대금
Text

1. The Defendant’s KRW 300,000,000 as well as 6% per annum from January 12, 2016 to August 19, 2016 to the Plaintiff.

Reasons

A. As to the part executed by the Plaintiff at the time of completion inspection, the Plaintiff’s request for the payment of subcontract consideration shall be separately made, and the payment shall be made directly to the Plaintiff in the following account.

- The Plaintiff’s deposit account (Omission) agreement was drawn up

hereinafter referred to as the " direct payment agreement of this case"

(i) On-site name of the payment angle: The implementer of the construction for the construction for the city-type city-type housing: Plaintiff 1) shall pay the construction cost of KRW 300 million within ten (10) days after completion of the construction, and the balance of two (2) shall be settled within thirty (30) days after completion of the construction;

b. Company: Oralk * For 4 households of officetels offered as security to the Plaintiff - The amount to be paid to the Plaintiff at the time of the execution of the secured loan - Any balance remaining after subtracting the amount to be loaned from 300 million won shall be paid to the Plaintiff within 10 days after the completion and all documents related to 4 households of officetels shall be returned.

* In addition, acquisition tax following the transfer of ownership should be borne by the Plaintiff.

* In the event of the failure to comply with the foregoing, the rate shall be 20 per annum (20 per annum);

2) On January 21, 2015, the payment note between the Plaintiff, the Defendant, and the Plaintiff (hereinafter “instant payment note”) as follows: (a) the payment note between the Plaintiff, the Defendant, and the Plaintiff (hereinafter “instant payment note”).

was drawn up.

As the completion of the construction of the instant house and the payment of the subcontract price for the erroneous oil, the registration of initial ownership was completed on February 23, 2015 with respect to each building newly constructed upon the completion of the construction of the instant house.

Oralian paid to the Plaintiff a total of KRW 467 million from October 30, 2014 to April 9, 2015, totaling KRW 100,000,000,000 from the payment of part of the subcontract price, and transferred two bonds from each of the above buildings equivalent to KRW 139,60,000 in the name of payment in kind, and the construction business operator re-subcontracted by the Plaintiff.

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