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(영문) 대구지방법원서부지원 2015.05.15 2014가합2755
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 291,179,220 as well as 20% per annum from November 15, 2014 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant subcontracted the entire construction work to C on June 3, 2013, after he/she was awarded a contract for the construction work of a factory on the land outside B and six parcels of land (including value-added tax) from Thai-si Co., Ltd. (hereinafter “Tai-si”), but subcontracted the construction work to C on June 17, 2013 due to C’s failure to obtain a construction license, and the construction work period of the YP Co., Ltd (hereinafter “the instant construction work”) was between June 17, 2013 and August 30, 2013; the construction cost was KRW 1.55 million (i.e., KRW 1., KRW 50 million; KRW 1.5 million; KRW 26,320,788; KRW 1,7884; KRW 2788; KRW 37,7888; KRW 2088; KRW 2008; KRW 37,787,7888.7).7.37.7.8.7.7.7.8.3.7.7.7.

B. However, the subcontractor, the subcontractor, did not pay the instant construction cost properly in the B&P site, and the B&P requested a direct payment of the construction cost in the form of the subcontractor, which is the subcontractor, and on June 20, 2013, the form of the contract was jointly and severally paid with the Defendant, the contractor, and the payment of the instant construction cost was agreed to be excluded from the subcontracted construction.

C. Meanwhile, as the Plaintiff, who is engaged in the manufacturing of steel, etc. with the trade name, subcontracted steel works including steel materials to the Plaintiff, which was unable to pay the price, on December 23, 2013, the Plaintiff transferred the instant construction cost claim against the Defendant, who is the subcontractor, and his joint guarantor, and notified the Plaintiff of the transfer by content-certified mail.

However, the defendant who is the contractor and the subcontractor who is the contractor.

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