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(영문) 창원지방법원 통영지원 2018.11.06 2017가단5814
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 180,00,000 and the interest rate of KRW 15% per annum from November 16, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On May 26, 2016, the Defendant concluded a contract for construction work with C (hereinafter “C”) on May 26, 2016, setting the construction cost as KRW 1.422 billion in construction cost, and August 30, 2016 in relation to the new construction of a fishery product processing plant on the surface of Da and three parcels (hereinafter “new construction work of this case”).

B. C subcontracted to the Plaintiff the structural construction among the new construction works of this case (hereinafter “instant structural construction”).

C. Around August 2016, C renounced the progress of the instant new construction project, the Defendant requested the Plaintiff to complete the instant structural construction project that the Plaintiff was underway.

Accordingly, during the process of the above structural construction, the Plaintiff demanded the Defendant to pay the construction cost of KRW 23.85 million in relation to the above structural construction, and suspended the progress of construction. D.

Accordingly, the representative director E of the defendant requested the plaintiff F to complete the instant structural construction, and the F promised to pay the plaintiff the construction cost that the plaintiff first demanded, and then, proposed that the plaintiff, the defendant, and C settle down the construction cost.

E. Accordingly, on October 29, 2016, the Defendant’s representative E requested the Plaintiff to conclude the instant framework construction by phoneing to the Plaintiff, and determined the construction cost as KRW 200,000,000, and paid the remainder with the loan after completion. The Plaintiff accepted it.

F. On November 1, 2016, the Defendant paid KRW 20 million to the Plaintiff, and the Plaintiff completed the instant framework construction around November 201, 2016, and thereafter, the Defendant completed the registration of initial ownership on the new factory building on December 30, 2016 after completing the instant new construction.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 through 3, Eul evidence 1 and 10, witness F's testimony, the purport of the whole pleadings

2. Determination on the cause of the claim.

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