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Reasons
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(영문) 창원지방법원진주지원 2015.09.16 2014가합744
양수금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. He contracted the construction work to the Plaintiff (hereinafter “Sewur Development”).

B. On July 2, 2012, the Plaintiff and the Defendant entered into a subcontract with the Plaintiff on the basis of KRW 385,000,000 (including value-added tax) with respect to the instant construction work (hereinafter “instant construction”).

(hereinafter referred to as “instant subcontract”). (c)

The Plaintiff paid the Defendant a total of KRW 125,00,000,000 as of July 3, 2012, KRW 10,000,00 on July 7, 2012, KRW 55,000,000 on September 14, 2012, KRW 10,000 on September 14, 2012, and KRW 125,00,000 on September 17, 2012 (i.e., KRW 10,000,000 on KRW 5,00,000,000 on September 17, 2012).

The Plaintiff did not pay the materials and personnel expenses to the subcontractor for the instant construction project, and the Plaintiff did not pay the materials and personnel expenses to the subcontractor.

1. Payment of material expenses and personnel expenses, etc. for KRW 66,058,722 from the Plaintiff’s agricultural bank account, such as entries, shall be made in attached Form;

2. Payment of material costs, etc. of KRW 81,291,180, from the Plaintiff’s new bank account, as described in the attached Form;

3. Payment of the material cost, etc. of KRW 54,236,498 in the name of well-known development as stated in the attached Form;

4. As indicated in the Defendant’s name, 222,58,430 won (=6,058,722 won) was paid in total by paying the material cost of KRW 20,972,030 in the Defendant’s name (i.e., KRW 56,058,72 won).

E. The Defendant completed the instant construction.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1 to 53 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff asserted that the contract price of this case is KRW 125,00,000 for the defendant, and the defendant's sub-contractor was paid KRW 222,558,430 for the defendant's re-contractor, and due development was attached to the defendant's sub-contractor.

5. As noted, the Plaintiff paid a total of KRW 126,022,595, as the sum of the construction cost in this case.

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