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(영문) 대구지방법원포항지원 2017.09.19 2016가단2817
청구이의
Text

1. The Defendant’s payment order for the construction cost of the Daegu District Court Branch Branch No. 2016 tea52 against the Plaintiff was due.

Reasons

1. On June 27, 2014, the Defendant entered into a construction contract under the Plaintiff’s name with the Yongsan Heavy Industries Co., Ltd. (hereinafter “Stilt Industries”), whereby the construction work for manufacturing C (hereinafter “instant construction work”) from the Yongsan Heavy Industries is awarded a contract for construction work cost of KRW 245,00,000 (excluding value-added tax) (hereinafter “instant construction contract”).

On June 27, 2014, the Plaintiff entered into a construction contract agreement (hereinafter “instant agreement”) with the Defendant regarding the instant construction contract, and the main contents are as follows.

- Paragraph 1 of Article 4: The plaintiff delegates matters concerning the construction contract of this case to the defendant, and the defendant orders the construction work of this case under the name of the plaintiff.

- Paragraph 2 of Article 4: The plaintiff shall implement part of the entire construction of this case, and pay to the defendant the amount excluding the construction cost executed by the plaintiff among the construction cost of the Yongsan Heavy Industries, the ordering agent.

- Paragraph 3 of Article 4: The Defendant will bear financial and securities costs related to the instant construction project.

- Paragraph 4 of Article 4: The plaintiff shall pay in advance the purchase cost of the defendant's goods and bear it at the time of subsequent settlement.

In addition, the Convention specified the construction amount and the scope of construction performed by the plaintiff among the entire construction works of this case.

On the other hand, on December 26, 2014, the Plaintiff entered into a contract to increase the construction cost of the instant construction contract to KRW 250,800,000 (value-added Tax Separate) between the Korea Transportation Service Division.

The Defendant asserted that the Plaintiff is liable to pay the above amount, and applied for a payment order on January 19, 2016, as the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board Board

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