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(영문) 서울서부지방법원 2019.09.26 2019가합487
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 270 million and the interest rate of KRW 12% per annum from July 3, 2019 to the day of complete payment.

Reasons

1. The Defendant, with the indication of the claim, approaches that the Plaintiff completed the construction work on the face of KRW 300 million and completed the construction work on the face of KRW 300 million.

The Defendant, who was in a relationship with the Defendant, was the principal of the completion of the said civil engineering works, and demanded that the Plaintiff transfer the construction price to the Plaintiff, and the Plaintiff wired the total amount of KRW 280 million to the Defendant in 2016.

(5) On May 13, 2016: (a) KRW 10 million; (b) KRW 50 million; (c) KRW 20 million on July 25, 2016; (d) KRW 70 million on July 29, 2016; and (e) KRW 40 million on August 16, 2016; (b) however, the Defendant deceiving the Plaintiff that he/she had been working for a retaining wall construction with KRW 10 million; and (c) the remainder of the construction works with KRW 10 million; and (d) KRW 40 million on August 16, 2016.

E also does not perform construction works after receiving construction costs of KRW 430 million.

Therefore, the Defendant shall return to the Plaintiff the remainder of KRW 270 million, excluding the remainder of KRW 10 million used as actual construction cost, out of KRW 280,000,000 from the Plaintiff.

2. Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice);

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