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(영문) 수원지방법원성남지원 2015.06.12 2014가단218206
공사대금
Text

1. The Defendant’s KRW 42,22,050 as well as the Plaintiff’s annual rate of KRW 6% from May 28, 2014 to June 12, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the construction and indoor interior interior interior work business, and the Defendant is a construction company engaged in the construction and civil engineering work business.

B. 1) The Plaintiff and the Defendant entered into a subcontract contract on January 27, 2014: The name of the principal contractor: The name of the Defendant, the name of the subcontractor: C; the life of the main contractor; the interior of the new house construction works; D; the place of construction; and the construction period: on March 31, 2014, completed on January 27, 2014; the contract amount: 9,000,000 won (including additional taxes); 30% at the time of the contract; 40% after the completion; and 30% at the completion of the contract (final settlement) (hereinafter referred to as “C construction contract”).

(2) On January 27, 2014, the Plaintiff and the Defendant entered into a contract with D: The name of the principal contractor: Defendant and the name of the subcontractor: The interior work from among the new construction works of the E accommodation facility (person without a license): The E Lodging budget group F and the construction period: the starting date of February 1, 2014; the completion of construction; the contract amount of April 30, 2014; the supply price of KRW 524,00,000; value-added tax of KRW 524,00,000; value-added tax of KRW 52,40,000; and advance payment of KRW 20% (hereinafter “E construction contract”).

C. (1) On February 7, 2014, the Defendant paid KRW 172,920,000 in relation to the instant C Corporation. (2) On February 18, 2014, the Plaintiff issued a tax invoice of KRW 172,920,000, which is 30% of the E Work Price, to the Defendant. The Defendant paid KRW 172,920,000 to the Plaintiff, who is the representative of the Defendant on the same day, but transferred KRW 122,90,00 in loan transaction amount, KRW 122,90,00 in loan repayment date: The date of borrowing transaction to G by March 21, 2014.

The plaintiff puts the above KRW 50,000,00 into C Corporation.

3) G transferred to the Plaintiff KRW 30,00,000 on March 14, 2014, KRW 50,000,000 on April 14, 2014, and KRW 622,00 on April 22, 2014, respectively, and the Defendant paid KRW 318,000 on April 7, 2014 to H as the Plaintiff’s name. (iv) The Defendant paid KRW 318,000 on April 7, 2014 to the Plaintiff, the subcontractor of the Plaintiff’s timber construction project, as the Plaintiff’s name of the Plaintiff.

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