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(영문) 인천지방법원부천지원 2019.05.02 2018가단11116
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 51,70,000 and the interest rate of KRW 15% per annum from November 22, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 20, 2015, the Plaintiff received a contract for manufacturing and installing 1 set of water shock prevention facilities from the Defendant as a company with the purpose of the water shock prevention facility business. (2) On October 20, 2015, the Defendant, a spouse, entered into a water treatment machine wholesale and retail business after completing business registration with the trade name of "F," called "F, taking the name of Jeonnam-gun E and the second floor into account the name of the spouse."

The Defendant awarded a contract to the Plaintiff for the construction of a water shock prevention facility (hereinafter “instant construction”) at the site of the renovation and repair project of repair facilities in preparation against the disaster in the G District.

B. On November 28, 2016, the Plaintiff entered into the instant contract with the Defendant to enter into a contract with the terms that the instant construction is awarded a contract amounting to KRW 51.7 million (including value-added tax) (hereinafter “instant contract”).

C. Upon the completion of the instant construction, the Plaintiff completed the instant construction work by installing the shock prevention equipment from July 3, 2017 to July 7, 2017 after manufacturing the shock prevention equipment 1 set.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 51.7 million under the contract of this case and the damages for delay.

B. The Defendant’s argument regarding the Defendant: (a) ordered the instant construction work from H Co., Ltd. to the Plaintiff after being awarded a contract for the repair facility renovation project in preparation for the accident in the G District; (b) while the Defendant renounced part of the construction cost that H Co., Ltd. received from H Co., Ltd. and failed to pay the construction cost to the Plaintiff; and (c) on January 2018, the Defendant agreed that H Co., Ltd would not directly pay the said construction cost to the Plaintiff within three months; and (d) the Defendant would not participate in the said construction cost, so the Defendant

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