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(영문) 대구지방법원 2015.02.06 2014가합203452
공사대금
Text

1. The Defendant’s KRW 150,000,000 as well as the Plaintiff’s annual interest from January 19, 2013 to September 3, 2014, and the following.

Reasons

1. Basic facts

A. On July 2, 2012, the Defendant entered into a contract with C Co., Ltd. (hereinafter “C”) on July 2, 2012 with respect to the construction of a building of ten stories above ground level 10 (hereinafter “instant building”) on the ground level D, Busan Metropolitan City (hereinafter “instant construction”) with a contract for the construction of a new building of ten stories above ground level 1,000,000 won (hereinafter “instant construction”) until August 20, 2012.

B. The Plaintiff had a claim of KRW 150 million against C. However, on August 25, 2012, the Plaintiff, the Defendant, and C drafted a statement of direct payment of the construction price as follows (hereinafter “direct payment statement”).

Japan: Japan, Japan, n.e., the above amount of KRW 150,000,000,000, shall be paid directly by the defendant to the owner of E-building (Real Estate D in Gyeong-si, Gyeongbuk-do) newly constructed in C, that C shall pay the above amount of the construction cost that the defendant to the owner of E-building (Real Estate D in Gyeong-si, Gyeong-do) representative F, in the construction cost to be paid to the representative of C

The payment date shall be October 30, 2012, and may be advanced or delayed as a result of the completion of construction. C. Gyeongsan market approved the use of the building of this case on January 18, 2013. [In the absence of dispute, Gap 1, 2, Eul 1, Eul 1, and Eul 1, the purport of the whole pleadings, and the purport of the whole pleadings.

2. According to the written consent on the cause of the claim prior to the determination, the defendant can be acknowledged that the defendant agreed to pay KRW 150 million to the plaintiff on the completion date of the building of this case, and it can be confirmed that the building of this case was completed at the time of approval for use of the building of this case. As such, the defendant can confirm that the building of this case was completed at the time of the approval for use of the building of this case to the plaintiff. As to the contract amounting to KRW 150 million and its amount, from January 19, 2013 to September 3, 2014, the delivery date of the copy of the complaint of this case, the claim for an act constituting a commercial activity is also a commercial claim, and the commercial activity is a merchant as well as the basic commercial activity falling under each subparagraph of Article 46 of the Commercial Act.

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