logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.07.25 2018가단229025
양수금
Text

1. The Defendant’s KRW 150,500,000 as well as 5% per annum from June 26, 2018 to July 25, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. ordered the construction of a new family hotel in Seopo-si, Seopo-si, Seopo-do to take over the construction of a new family hotel in the second floor, and the Defendant was awarded a contract for the said construction.

The construction work has been executed up to the second floor, and the construction work of reinforced concrete was subcontracted by E Co., Ltd., and C Co., Ltd has been adjusted to KRW 1,175,000,000 between E Co., Ltd. and E Co., Ltd. to pay the construction cost of reinforced concrete up to two floors.

The Defendant directly paid KRW 50,00,000 on July 20, 2016, among the above KRW 1,175,000,000 as a new family hotel construction contractor, KRW 50,000 on July 29, 2016, KRW 50,000 on July 29, 2016, and KRW 50,000 on August 3, 2016.

B. On August 1, 2016, F Co., Ltd. received a subcontract for the said reinforced concrete construction work (hereinafter “instant construction work”) from the Defendant for the period of KRW 1,075,00,000, and from August 1, 2016 to March 31, 2017.

In determining the construction cost, the Defendant determined the amount of KRW 525,00,000 by adding the amount of KRW 550,000,000 as above, which was paid at KRW 1,175,00,000 in reinforced concrete construction cost of KRW 550,000 (= KRW 550,000,000,000) as above, to KRW 550,000,00,000, which was paid at KRW 1,075,00,000.

C. F Co., Ltd. was directly paid KRW 5,00,000,000 as the instant construction cost on August 2, 2017, and KRW 20,000,000 on August 11, 2017, and KRW 30,000,000 on September 13, 2017, by C.

F Co., Ltd. transferred KRW 523,362,40 of the instant claim for construction price to G on May 10, 2018, and notified the Defendant of the same day.

E. On May 10, 2018, the Plaintiff acquired KRW 150,500,000, out of the instant claim for construction payment from FF Co., Ltd. (hereinafter “transfer of claim”), and F Co., Ltd notified the Defendant on May 29, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 3, Gap evidence 5-1, 2, Eul evidence 1 to 4, and 13.

arrow