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(영문) 수원지방법원 2016.08.18 2015가단141096
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 194,70,000 and the interest rate of KRW 15% per annum from November 25, 2015 to the date of full payment.

Reasons

1. Basic facts

A. (1) The Defendant with respect to the original contract is the C Co., Ltd. (hereinafter “C”) around April 24, 2015.

B) On May 26, 2015, the Defendant entered into a subcontract agreement with the Plaintiff for construction works to contract construction cost of KRW 5,632,00,00 with respect to “D Construction Works” (hereinafter “instant prime contract”). On May 1, 2015, the Plaintiff entered into a subcontract for construction works to subcontract KRW 5,61,00,00 with respect to “the instant prime contract” and “the instant prime contract” (hereinafter “the instant prime contract”) among the instant prime contract, KRW 1,126,40,000 with respect to “the instant prime contract” and KRW 1,28,000 with respect to “the instant prime contract price” (hereinafter “the instant prime contract”) with the Plaintiff on May 1, 2015, the Plaintiff paid KRW 1,26,00,000 with KRW 1,280,000 on July 28, 2015; and the Plaintiff paid KRW 30,005,00.

'Written consent to the subcontract employment' was drawn up.

3. In addition, on November 4, 2015, C entered into an agreement on the acquisition of a claim under which “C” transfers KRW 194,700,000, out of the original contract price claim, to the Plaintiff. On the same day, C notified the Defendant of this fact as a document with a certified fixed date, and the above notification was served on the Defendant on November 5, 2015.

C’s default disposition, notice of non-performance of office by the 1st Supplementary Intervenor, and provisional seizure of claims by Defendant 1 is limited to “the 1st Supplementary Intervenor Company under the 1st Supplementary Intervenor Company.”

on November 2, 2015, with respect to electronic bills issued by C around November 2, 2015, the Bank will make a proposal for payment.

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