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(영문) 수원지방법원 2017.01.26 2016가단10472
공사대금
Text

1. The Defendant’s KRW 340,00 and the Plaintiff’s annual rate of KRW 5% from April 26, 2016 to January 26, 2017.

Reasons

Facts of recognition

around May 2015, the Plaintiff: (a) requested the Defendant to pay KRW 55 million for the Gyeongbuk Corporation (hereinafter referred to as the “instant Corporation”); and (b) KRW 11 million in total to the Defendant’s account; (c) KRW 10 million in the construction price on May 21, 2015 = KRW 10 million in the construction price on May 21, 2015.

5. On May 22, 2015, the Defendant remitted KRW 10 million out of the above KRW 11 million to the wife E who operated an industrial company on May 2, 2015, and around that time, paid KRW 90,000,000 (=450,000 won x 2 days) and KRW 2,10,000,000. [Reasons for recognition] There is no dispute over the facts, Gap evidence 1-3, Eul evidence 1-1, 1, 2, 5, and 6 (including number 1), and the summary of the argument of the purport of the entire argument by the parties to the construction contract, and the construction contract of this case was remitted to the Plaintiff on May 24, 2015, the Plaintiff did not have any obligation to directly compensate the Plaintiff for the amount of KRW 100,000,000,000,000,000,000 for the construction contract of this case.

Therefore, the Defendant delayed the execution of the instant construction for a considerable period of time.

The construction contract of this case is legitimate through the highest procedure against the defendant.

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