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(영문) 대구지방법원 2016.12.06 2016가단15591
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 624,00 as well as 6% per annum from November 1, 2015 to December 6, 2016.

Reasons

1. Basic facts

A. On May 21, 2014, the Plaintiff entered into a subcontract (hereinafter referred to as “subcontract 1”) with the Defendant (hereinafter “Defendant”) under the terms and conditions that the Defendant received from Onnuri Plus Co., Ltd. (hereinafter “Slus”), for electrical construction among the Urban Residential Housing Construction Corporation (hereinafter “B-dong Construction Corporation”) (hereinafter “Slus”), the Defendant’s construction period for the electrical construction period was 188,000,000 won (hereinafter “Slus Tax Exemption”).

B. On January 29, 2015, the Plaintiff entered into a subcontract (hereinafter referred to as “second subcontract”) with the Defendant under which the construction period for electricity, fire-fighting, and telecommunications works was set at KRW 330,00,000 (including value-added tax) among the construction works for the construction of the Nam-gu Yancheon-gu Seoul Special Metropolitan City (hereinafter “second-gu Special Metropolitan City”) that the Defendant received from Onnuri Plus Co., Ltd. (hereinafter “heating Plus”).

C. On November 1, 2014, On the part of the construction cost under the first subcontract to the Plaintiff, On December 20, 2014, Onnuri Plus prepared and issued a written confirmation (No. 2) stating that the remainder of KRW 65,000,000, out of the construction cost under the first subcontract, shall be paid directly by December 20, 2014.

On April 8, 2015, the Plaintiff attached 1/2 of the share ownership of Onnuri Plus, among the 1st subcontract construction amount, as the claim amount, the amount of KRW 65,000,000, which was agreed by Onnuri Plus to pay directly among the construction amount in the 1st subcontract on April 8, 2015, as the Daegu District Court No. 2015Kadan1839, Daegu District Court 2015.

[Ground for recognition] Facts that there is no dispute between the parties concerned, Gap evidence 1 through 11, Eul evidence 1-5, Eul evidence 1-2, 4-1 through 13, 5, 6-1, 2-1, 2-2, and the purport of the whole pleadings

2. The parties' arguments.

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