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(영문) 부산지방법원 2018.10.30 2017가단31810
공사대금 등
Text

1. The Defendant’s KRW 24,220,200 as well as the Plaintiff’s annual rate of KRW 6% from April 4, 2017 to November 22, 2017, and thereafter.

Reasons

1. Facts of recognition;

A. On October 25, 2016, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant and F Co., Ltd. (hereinafter “F”), with respect to the construction work of reinforced soil retaining walls (hereinafter “instant construction work”) out of G and 35 lots of ground H creation work (hereinafter “instant construction work”), with the construction cost of KRW 1.248,50,000 (including value-added tax; hereinafter the same shall apply) and the construction period from October 25, 2016 to December 31, 2016.

B. The Plaintiff filed a claim with the Defendant for the total of KRW 440 million on January 9, 2017, and KRW 198 billion on April 3, 2017. The Defendant paid to the Plaintiff KRW 312 billion on March 10, 2017, in total, KRW 240 million and KRW 312 billion on June 23, 2017.

C. On September 4, 2017, the Plaintiff drafted a written agreement on the settlement of construction accounts (hereinafter “instant settlement agreement”) with the Defendant and the Corporation (hereinafter “instant settlement agreement”) to determine the settlement amount of the settlement amount related to the construction project as KRW 440 million to KRW 330 million reduced from KRW 40 million to KRW 47 million.

On the other hand, on May 18, 2018, the Plaintiff transferred KRW 46,450,00 out of the settlement amount to the succeeding intervenor C, and KRW 24,329,80 out of the settlement amount to the succeeding intervenor D, and notified the Defendant of each assignment of claims on the same day, and each notification of assignment of claims has been delivered to the Defendant around that time.

[Reasons for Recognition] The facts without dispute, Gap evidence 1 to 5, Gap's evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the determination as to the cause of the claim, the Defendant transferred the remainder to the succeeding intervenor under the settlement agreement to the Plaintiff and transferred it to the succeeding intervenor 24,220,200 won (=95 million won + (i.e., settlement amount of KRW 4.7 billion - total of KRW 312 million) - KRW 4,645 million transferred to the succeeding intervenor C - the amount of KRW 24,329,800 transferred to the succeeding intervenor D).

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