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(영문) 인천지방법원 2015.05.26 2015가합1914
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 316,441,417 and the interest rate of KRW 20% per annum from February 13, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On September 20, 2012, Red Name Construction Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a subcontract for reinforced concrete construction works among the new construction works on the new construction works on the old-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “Nonindicted Co., Ltd.”) with Defendant; (i) the Defendant entered into a subcontract for reinforced concrete construction works; and (ii) on May 5, 2013, the Defendant entered into a subcontract for reinforced concrete construction works among the new construction works on the (Gu-dong-dong-dong) neighborhood living facilities and the new construction works on the business facilities, and determined the construction cost at KRW 3,501,300,000; and (iii) on January 3, 2014, the Defendant entered into a subcontract for reinforced concrete construction works on a government-based urban residential housing unit-based basis, and determined the construction cost at KRW 73,900,000.

B. As of September 27, 2014, the Plaintiff entered into a contract for the supply of reinforcing bars with the Nonparty Company, supplied steel bars, etc. to the said construction site, etc., and as of September 27, 2014, a claim for the amount of unpaid KRW 337,261,6

C. Accordingly, on November 12, 2014, a non-party company entered into with the Plaintiff on the part of November 12, 2014; ① KRW 52,632,035 out of the construction price to be paid pursuant to a new construction-related subcontract agreement with the Defendant; ② KRW 162,282,436 out of the construction price to be paid pursuant to the UN Nice neighborhood living facilities and a subcontract related to new construction of business facilities; ③ KRW 101,526,946 out of the construction price to be paid pursuant to a subcontract related to the construction of a government-oriented urban residential house; the non-party company sent KRW 316,41,417 out of the construction price to be paid pursuant to a subcontract related to the construction of a government-oriented urban residential house; and the non-party company sent the notice to

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 5 (including the relevant branch numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant's acquisition amount of KRW 316,441,417 and the plaintiff's acquisition amount.

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