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(영문) 수원지방법원 2014.10.14 2013가단73656
청구이의
Text

1. The compulsory execution based on the payment order issued by the Suwon District Court 2012.3024 against the Defendant against the Plaintiff is more than KRW 2,705,00.

Reasons

1. Basic facts

A. On July 18, 201, the Defendant entered into a contract for construction works (hereinafter “instant contract for construction works”) with the Plaintiff and the Suwon-si D’s terrestrial store (hereinafter “instant store”) on the condition that the interior interior interior interior interior interior interior interior interior interior interior interior interior interior d shop (hereinafter “instant store”) is awarded a contract with the following content:

1) Construction cost: 15,800,000 won (excluding value-added tax) for the payment of 15,800,000 won (excluding value-added tax 2) for the contract: (2) the payment of 4,740,000 won for the intermediate payment of 2,160,000 won for the remainder payment of 2,160,000 won for the remainder payment after completion and the remainder of 1,000,000 won for the remainder payment after one month from the date of completion: (3) the payment for delay payment from July 18, 201 to 30, 200

B. The Plaintiff and C completed the instant construction work on August 24, 201. The Defendant completed the instant construction work with the Plaintiff and C as the construction cost of the instant construction work on July 19, 201, KRW 7,900,000, and KRW 4,740,000 on July 19, 201, KRW 4,740,000 on the 25th of the same month, and KRW 1,00,000 on the 29th of the same month

8.2.Around 1,600,000, aggregate of KRW 15,240,000 were paid.

C. Around March 2012, the Defendant filed an application with the Plaintiff and C for a payment order by asserting that the Plaintiff and C had a claim for damages equivalent to the total amount of KRW 17,820,000 for the cost of repair due to the non-construction and defective parts in the instant store constructed by the Plaintiff and C. On or around March 21, 2012, the said court ordered the payment order stating that “The Plaintiff and C jointly and severally agreed with the Defendant to pay KRW 17,820,000 and the delay damages therefor to the Defendant,” and the portion against the Plaintiff was served to the Plaintiff on or around April 30, 2012 and became final and conclusive as is on May 15, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, 5, and 6, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. As to the Defendant’s assertion, the Defendant asserted that the construction of the 1strawls, tent, tent, signboard, and outer wall windows was not carried out by the Defendant, and the Plaintiff’s strawls, tent, signboard, etc.

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