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(영문) 창원지방법원통영지원 2019.01.15 2018가단1147
공사대금
Text

1. The Defendant shall, within the scope of the property inherited from the deceased B, pay to the Plaintiff KRW 86,096,00 as well as the Plaintiff on January 2, 2017.

Reasons

1. Determination as to the cause of claim

A. 1) The net B was engaged in construction business with the trade name “E” in the macro-si. 2) The Plaintiff, at the request of the network B, engaged in the facility business with the trade name “G” from macro-si. The Plaintiff, who was engaged in the facility business at the request of the network B, conducted the facility business among the construction works conducted by the network B from around 2007 to June 30, 2012.

3) As of June 30, 2012, the “G”-related books prepared in the “E” operated by the network B stated that the balance of the construction cost to be paid to “G” remains at KRW 130,096,000. 4) The network B paid the Plaintiff a sum of KRW 44,00,000 as the construction cost from January 28, 2014 to October 1, 2017.

5) The deceased on May 2, 2018, and the deceased on May 2, 2018, there were H and I, who are the defendant and his children, who were their inheritors. The defendant was judged to accept the above report from the above court on October 31, 2018 after filing a report of the inheritance limited recognition with the Changwon District Court 2018-Ma342. H and I received the said report from the above court on July 9, 2018 after filing a report of the renunciation of inheritance with the Changwon District Court 2018-Ma308, Changwon District Court 2018-Ma308. [The grounds for recognition] The fact that there is no dispute, Gap evidence 1 through 3, Eul evidence 1 (including a serial number), and the purport of the whole pleadings and arguments.

B. According to the above facts of determination, 86,096,00 won out of the construction price to be paid by the deceased B to the defendant (i.e., 130,096,000 won - 44,000,000 won). Thus, the defendant, who is the heir of the network B, is obligated to pay to the plaintiff the construction price of 86,096,000 won not paid to the plaintiff within the scope of inherited property from the deceased B, and to pay damages for delay calculated at each rate of 15% per annum as prescribed by the Commercial Act from October 2, 2017 until February 23, 2018, the delivery date of the original copy of the payment order of this case, and from the next day to the date of full payment.

2. The judgment of the defendant on the defendant's assertion shall be J. of the deceased's presentation to the plaintiff.

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