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(영문) 서울남부지방법원 2017.08.22 2016가단45162
공사대금
Text

1. The Defendant’s KRW 143,452,412 for the Plaintiff and KRW 6% per annum from October 25, 2016 to August 22, 2017.

Reasons

1. Facts of recognition;

A. The Defendant subcontracted the painting construction work among the Supplementary C Corporation located in Hyundai Motor Co., Ltd., which was contracted by Hyundai Motor Co., Ltd., to the Plaintiff several times.

B. The Plaintiff performed multiple painting construction work between around 2012 and March 2016, and failed to receive part of the construction price from the Defendant.

C. On January 5, 2016, the Plaintiff provisionally attached an amount equivalent to KRW 218,08,40 among the Defendant’s claim for construction price against Hyundai Motor Co., Ltd.

On January 14, 2016, the Plaintiff and the Defendant agreed on the payment of the construction cost, and the Plaintiff cancelled the provisional attachment at that time.

E. On June 8, 2016, the Plaintiff requested the Defendant to pay KRW 165,344,942 with the remainder of the construction work twice, and the Defendant sent to the Plaintiff content-certified mail (Evidence A 2-1) stating that the amount of the Plaintiff’s claim against the Defendant is KRW 143,452,412, around June 8, 2016.

F. On July 5, 2016, the Plaintiff provisionally attached an amount equivalent to KRW 143,452,412 out of the Defendant’s claim for construction price against Hyundai Motor Co., Ltd.

[Ground of recognition] Each entry in Gap evidence Nos. 2 through 10, 12, 13, and 14 (including serial numbers) and the purport of the whole pleadings (the defendant defense that the part of defendant's name among the evidence Nos. 3 and 12 was forged by D, but considering the whole purport of the pleadings in Gap evidence No. 14, it can be acknowledged that Eul was entrusted with the right to prepare each of the above documents by the defendant and prepared each of the above documents, the defendant's defense is without merit).

2. According to the judgment and the facts stated in Paragraph 1, the Defendant’s lawsuit promotion, etc. from October 25, 2016 to August 22, 2017 (the day following the day on which the instant payment order was served to the Defendant) as to the construction cost of KRW 143,452,412 to the Plaintiff and the following day from October 25, 2016 to August 22, 2017 under the Commercial Act.

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