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Reasons
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(영문) 창원지방법원통영지원 2019.02.12 2018가단1963
공사대금
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1. The Defendant’s KRW 55,073,445 as well as the Plaintiff’s annual rate from July 14, 2018 to February 12, 2019.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendant concluded a contract for construction works and a subcontract, etc. (hereinafter “instant construction works”) on March 26, 2013.

As to the construction period from March 13, 2013 to June 30, 2013, the contract amount is set at KRW 3.177 billion and the contract amount is set at KRW 3.9 billion (hereinafter “instant contract”).

(2) On May 16, 2013, the Plaintiff entered into a subcontract agreement (hereinafter “instant subcontract agreement”) with a limited liability company D (hereinafter “D”) with respect to the construction period of the instant construction work with respect to the DNA planting Corporation (hereinafter “the instant construction work”). From May 1, 2013 to June 30, 2013, the contract amount was set at KRW 326 million and the subcontract amount was set at KRW 326 million.

3) After the Plaintiff and the Defendant agreed to change the construction period of the instant construction until September 30, 2013, and accordingly, the construction period of the instant construction was changed by September 30, 2013. (B) D completed the instant construction project on November 28, 2013, and requested the Defendant to pay the subcontract price directly to the Defendant as the Plaintiff did not receive any part of the subcontract price.

Accordingly, on January 10, 2014, the Defendant paid KRW 69,761,000 to D, and on the same day, D and the Defendant concluded a contract on the transfer and takeover of the claim amounting to KRW 69,761,003, out of the subcontract price for the Plaintiff, D and the Defendant transferred to the Defendant.

2. On January 15, 2014, the Plaintiff notified the Defendant of the payment of the subcontract price and the conclusion of the contract for the transfer and takeover of claims against D, and the Defendant unilaterally prepared the contract for the transfer and takeover of claims between D and D and paid KRW 69,761,00,000 to D, the Plaintiff demanded the Defendant to pay the unpaid construction price of KRW 449,478,841 according to the instant contract.

C. D’s provisional attachment D’s subcontracting under the instant subcontract on January 29, 2014.

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