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(영문) 수원지방법원 여주지원 2018.11.27 2017가단4968
공사대금
Text

1. The Defendant’s KRW 10,469,460 for the Plaintiff and 6% per annum from September 16, 2017 to November 27, 2018.

Reasons

Facts of recognition

On April 2016, the Defendant contracted the construction of D ground neighborhood living facilities (hereinafter “instant construction”) to C Co., Ltd. (hereinafter “C”).

Around that time, the defendant paid approximately KRW 110 million to C as construction cost.

C around May 2016, the instant construction was subcontracted to E Co., Ltd. (hereinafter referred to as “E”).

E ceased construction work on June 2016 while completing basic civil engineering works.

On July 25, 2016, the Defendant entered into a contract on the direct payment of E and the instant construction cost of KRW 226,580,000, and the payment for the first basic portion of the construction cost of KRW 75,000,000.

E, while carrying out the instant construction, subcontracted the remainder of the construction work to the Plaintiff around September 16, 2016.

On June 1, 2017, the Defendant: (a) drafted and issued to the Plaintiff a letter of promise to pay KRW 100 million to the Plaintiff by September 15, 2017 (hereinafter referred to as “each letter of this case”) in the amount of KRW 242,041,620, out of the total construction cost of KRW 242,041,620, when approval for the use of the factory of this case was granted; and (b) written and delivered the letter of promise to pay KRW

On June 8, 2017, the Defendant completed registration of preservation of ownership of the instant factory’s ownership. On June 30, 2017, the Defendant borrowed the instant building from F Co., Ltd. as collateral.

On December 18, 2017, E consented to the Plaintiff’s direct receipt of construction cost from the Defendant, the ordering person of the instant construction project.

(Reasons for Recognition) Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 4, and 5 (including each number), the purport of the whole pleadings.

The plaintiff asserted that the plaintiff did not construct a building on the real estate owned by the defendant, and the defendant promised to pay the construction cost through the preparation of the letter of this case to the plaintiff.

Therefore, the Defendant should pay to the Plaintiff KRW 160,541,620, which is the remainder of KRW 81,50,000,000, which is the remainder of the construction cost stated in the above note, 242,041,620.

Defendant 2’s each of the instant orders against the Plaintiff, the subcontractor.

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