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(영문) 서울동부지방법원 2015.02.10 2014가단38488
공사대금
Text

1. The defendant shall pay 35,00,000 won to the plaintiff and 20% per annum from June 28, 2014 to the day of full payment.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, each entry in Gap evidence 1 through 9, and purport of the whole pleadings);

A. On March 8, 2013, the Exchange Comprehensive Construction Co., Ltd. (hereinafter “Exchange Comprehensive Construction”) concluded a contract for new construction of multi-household houses on the ground of each Pyeongtaek-si F land between C, D, and E on March 8, 2013.

(hereinafter “each of the instant contracts”). (b)

With respect to each of the instant contracts, on May 17, 2013, foreign comprehensive construction entered into a subcontract for the construction of electric installations (hereinafter referred to as “instant subcontract”) with the Defendant on May 17, 2013, with the scope of the construction of indoor electricity, telecommunications pipeline construction, all of the installation of equipment, all of the installation of equipment (location, contact, electric lamps, measuring instruments, installation of powder, etc.), and all of the construction of other electric installations during each of the instant contracts. The contract amount is KRW 62 million, and the construction period is from June 1, 2013 to July 31, 2013.

C. 1) Meanwhile, on April 8, 2013, prior to the conclusion of the instant subcontract, the Defendant is the third floor of the building G in Nam-gu Incheon Metropolitan City (hereinafter “instant real estate”) between the exchange comprehensive construction company and the exchange comprehensive construction company on April 8, 2013.

(2) The court below decided to purchase KRW 125 million on May 23, 2013. The court below decided to succeed to the debt of loans on collateral security (58 million won) established on the instant real estate in lieu of the payment of the purchase price, and agreed to pay the difference in cash. (2) Accordingly, the registration of transfer of ownership in the Defendant’s name was completed on April 8, 2013 on the ground of sale and purchase on April 8, 2013. The registration of establishment of mortgage was revoked on May 23, 2013, on the ground of termination on May 23, 2013. The registration of establishment of mortgage, which is the debtor, C, and Incheon Fisheries Cooperatives on the same day, was revoked on the same day.

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