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(영문) 청주지방법원 2019.12.19 2019나12863
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The defendant.

Reasons

Basic Facts

On July 10, 2014, the Plaintiff, the Defendant, and the Defendant-related Defendant C (hereinafter “Defendant”) subcontracted the manufacturing and installation of steel structures among the construction works of the building located in the building located in the building located in the building located in the building located in the building site in the building site in the building site in the building site in the building site in the building site in the building site in the building site in the building site in the building site in the site of the Plaintiff, and the Plaintiff supplied the Defendant with steel materials equivalent to KRW 126,38,147 (including additional taxes) to the Defendant by October 2014.

C and the Defendant filed a payment order against the Defendant on March 16, 2015, seeking payment order of KRW 30,013,210 for the Cheongju District Court Decision 2015Da268, and delayed payment damages, and the payment order was issued by the said court on the 20th of the same month, but the Defendant raised an objection to the payment order, which was implemented in the same court No. 2015Ka235.

In the above lawsuit, the Defendant asserted that “12,326,606 won, which the Defendant remitted to the Plaintiff on November 11, 2014, was the Defendant’s payment of the goods payment obligation to the Plaintiff,” and the conciliation was concluded to pay KRW 21,00,000 to C on August 17, 2015.

On October 26, 2015, the Plaintiff filed an order for payment of KRW 8,061,541 with the Cheongju District Court support 2015Da623 against the Defendant (at that time, the Plaintiff sought payment of KRW 8,061,541 from the Defendant as of November 11, 2014) and sought payment of KRW 12,326,60,541 from the Defendant to the Defendant (at that time, the Plaintiff sought payment of KRW 8,061,541 from the Defendant to the Defendant as of November 11, 2014) on the 30th of the same month. However, the Defendant raised an objection to the payment order of the said court, which was implemented as at the same court No. 2015Ga4078.

The Defendant paid KRW 6,00,000 to the Plaintiff on January 29, 2016, and the Plaintiff withdrawn the said lawsuit on February 1, 2016.

The Plaintiff filed a payment order against C on October 26, 2015, seeking payment of KRW 12,326,606 for the goods amounting to KRW 12,326,606, under the Cheongju District Court Decision 2015 tea622.

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