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(영문) 서울서부지방법원 2015.04.23 2014가합5265
공사대금
Text

1. The Plaintiff’s rehabilitation claim against B Co., Ltd. is KRW 105,250,000 and the rehabilitation claim against B, from April 25, 2014.

Reasons

1. Basic facts

A. On November 26, 2013, the Plaintiff was awarded a contract for the installation of a mutual aid machine (hereinafter “instant construction”) with the rehabilitation company running the agricultural product processing business at KRW 177,100,000 for construction cost (hereinafter “instant contract”). The part related to the issues of the instant contract is as follows. The Plaintiff received KRW 30,000,000 from the rehabilitation company on November 26, 2013, and KRW 60,000,000 from the rehabilitation company on December 5, 2012.

The name of the Plaintiff who is a person ordering the contract: The total amount from November 26, 2013 to December 30, 2013: 17,100,000 won: The intermediate payment on November 26, 2013: 60,000 won: The remainder on December 5, 2013: 87,100,000 won: The payment of the down payment to the Plaintiff on March 15, 2014 when the rehabilitation company concludes this contract, and the remainder shall be paid at the time of the receipt of the goods.

B. On February 14, 2014, the Plaintiff, in addition to the instant construction work from the rehabilitation company, was awarded a contract for installation of the machinery of the second floor cooling room (hereinafter “instant additional construction”) with KRW 18,150,000 for the price (hereinafter “instant additional contract”), and the said additional contract agreed to pay KRW 18,150,000 to the Plaintiff by March 30, 2014.

C. On December 24, 2014, after the filing of the instant lawsuit, the rehabilitation company received a decision to commence rehabilitation procedures by Suwon District Court 2014 Gohap57, the Defendant taken over the litigation procedures.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2 and 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, barring any special circumstance, the Defendant’s additional construction cost of KRW 105,250,000 in total and the additional construction cost of KRW 177,100,00 in addition to the construction cost of KRW 177,10,000 in addition to the construction cost of KRW 30,000 in November 26, 2013 - the amount paid as of December 5, 2013 - the amount paid as of December 5, 2013 - KRW 60,000 in addition to the construction cost of KRW 18.

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