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(영문) 의정부지방법원 2018.09.05 2018가단10586
공사대금
Text

1. The defendant shall calculate the amount of KRW 131,290,000 to the plaintiff at the rate of 15% per annum from May 1, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a personal business entity engaged in the interior stone construction business in the name of “B”, and the Defendant is a company mainly engaged in construction business.

B. On December 2012, the Defendant subcontracted Ctel construction to the Cheong River Construction Co., Ltd. (hereinafter “Cheong River Construction”), and the Cheong River Construction concluded a contract with the Plaintiff and the said Cheong River Construction to re-subcontract the interior stone construction (hereinafter “the instant stone construction”) for KRW 300 million, but the method of payment for the construction cost was to pay 30% in cash and in cash for each air for 15 days after the arrival of the materials (hereinafter “instant subcontract”).

C. The Defendant indicated “contributor” as “contributor” in the contractor’s column for construction, affixed a name plate with the Defendant Company’s business registration number, trade name, address, main business type, etc., and affixed the Defendant’s corporate seal.

The Plaintiff executed the stone construction work at the construction site of this case after executing 20 tons of the stone, and the construction cost is the total of KRW 131,290,000.

【Ground for recognition】 The fact that there has been no dispute, the entries and images of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the facts of the determination as to the cause of the claim and the purport of the entire pleadings, it is reasonable to view that the Defendant signed the said subcontract to the effect that, in the case of re-subcontracting the instant stone construction work by the Defendant to the Plaintiff, the Defendant recognized it as the contractor, and signed and sealed the said subcontract to the effect that it would be responsible for the payment of the construction cost, etc.

Therefore, the Defendant’s aforementioned stone construction cost of KRW 131,290,000 and the following day from May 1, 2018 to the day of full payment, which is obvious on the record that the original copy of the instant payment order sought by the Plaintiff, is served.

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