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(영문) 서울중앙지방법원 2017.07.25 2016가단5134955
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 66,936,00 as well as 15% per annum from July 5, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Defendant, a company running a construction business, etc., contracted a construction project for A vehicle maintenance facilities, a brigade/large headquarters, and ADN gropical and fireproof construction works from February 2014, and completed the construction project around November 2015. The Defendant subcontracted to B (hereinafter “Nonindicted Company”) a portion of the said construction project cost of KRW 334,716,00 with the size of the painting work (total painting size of KRW 55,786 square meters) set at KRW 334,716,00.

(hereinafter referred to as “instant principal construction,” and the Nonparty Company subcontracted from the Defendant to the Defendant’s office (hereinafter referred to as “instant painting construction”). B.

The Defendant and the non-party company set the contract amount of the instant painting construction work at KRW 334,716,000 per square meter per construction area (=5,786 square meter x 6,000 square meters).

C. The non-party company completed the instant painting construction, and the Defendant paid the non-party company the construction cost of KRW 267,780,000 equivalent to the construction area of KRW 44,630 square meters (=4,630 square meters x 6,00 square meters x 6,00 square meters).

On November 24, 2015, Nonparty Company transferred to the Plaintiff the claim amounting to KRW 80,000,000, which was not paid out of the instant painting construction cost, and then sent a notice of assignment of the claim to the Defendant by content-certified mail. On November 26, 2015, Nonparty Company sent the notice of assignment to the Defendant by contents-certified mail.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is entitled to KRW 66,936,00,000, out of the construction price, to the Plaintiff to whom the claim for remaining payment of the instant painting construction work was transferred by the Nonparty Company (i.e., the contract amount of KRW 334,716,000 - the paid amount of KRW 267,780,000) and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 5, 2016 to the date of full payment.

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