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(영문) 수원지방법원안양지원 2020.02.06 2018가단116949
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the entries in Gap evidence Nos. 1-4.

The Plaintiff operating a business, such as the manufacture of oil pumps with the trade name of “C” reaches KRW 115,807,450,00 of the total amount of the construction cost of the pipeline for the installation of the presses by being awarded a contract from D (hereinafter “D”) to perform the pipeline construction work for the installation of the presses, etc., and KRW 74,719,450 among them remains as the outstanding amount, on the ground that D remains as the outstanding amount, the Plaintiff filed an application for a payment order with the Suwon District Court for the payment order seeking payment of the said construction cost from the above court on September 21, 2017 to the date on which the original copy of the payment order was served from March 9, 2017 to the date on which the original copy of the payment order was served, and the payment order was served at the rate of KRW 15,719,450 per annum 17,27,2017.”

B. D is a company established by E on October 12, 200 for the purpose of manufacturing and wholesale business of presses, manufacturing and wholesale business of private presses, manufacturing and wholesale business of peripheral devices, manufacturing and wholesale business of industrial machinery, manufacturing and wholesale business of tobacco paper, wholesale business, trade business, and gold rapid exchange equipment, and wholesale business, etc.; the location of its head office is Busan Sho-gu F, and the representative director is the above E.

C. The Defendant Company: (a) was established around December 21, 2010 for the purpose of manufacturing and wholesale business of industrial machinery; (b) manufacturing and wholesale business of tobacco paper; (c) manufacturing and wholesale business of construction materials; trade business; and (d) manufacturing and marketing business of automobile parts; and (c) the initial trade name was G Co., Ltd. on February 20, 2017; (b) adding the manufacturing and wholesale business of gold rapid exchange devices; (c) manufacturing and wholesale business of presses and devices surrounding presses; (d) manufacturing and wholesale business of industrial machinery; and (e) manufacturing and wholesale business of automatic warehouse systems; and (e) changing its trade name to D.

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