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(영문) 의정부지방법원 2016.04.29 2016가단5238
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,80,000 and the interest rate of KRW 15% per annum from January 20, 2016 to the day of full payment.

Reasons

1. The facts following the facts are either in dispute between the parties or in accordance with Gap evidence No. 1-2 (except for the part of the stamp image after the defendant's name) and Gap evidence No. 2, the whole purport of the pleadings can be acknowledged. A.

The plaintiff is a corporation engaged in construction business, such as non-intermediate construction works.

B. (1) On March 3, 2015, the letter of undertaking (hereinafter “instant letter”) was drawn up, and the Defendant’s name and the Defendant’s seal is affixed thereto, and the Defendant’s representative was drawn up by B as the Defendant’s director.

(2) The contractor of the instant undertaking promises to pay the subcontractor’s balance of the construction cost at the site of the subcontractor by May 30, 2015.

1. An amount of KRW 5 million for field name interest M/H (excluding value-added tax);

3. On-site Kim M/H’s total amount of KRW 18 million (excluding value-added tax) KRW 25,300,000 (3) the Defendant’s certificate of the personal seal impression is attached to the instant letter of undertaking.

C. (1) The construction contract was drafted on September 18, 2015. The Defendant entered into a contract with the public relations center of the D Regional Housing Association (hereinafter “instant construction”) under which the construction cost was set at KRW 15 million and the contract was awarded to the Plaintiff. The Defendant’s seal is affixed following the Defendant’s name.

(2) The Defendant’s director B drafted the instant construction contract.

On October 21, 2015, KRW 10 million was deposited from the defendant's account to the plaintiff's account.

(Plaintiff) On October 21, 2015, the Plaintiff was paid KRW 10 million, which is a part of the instant construction cost, from the Defendant on October 21, 2015. The assertion and determination are made on October 2, 201.

A. (1) The plaintiff's assertion (1) was made and concluded by the defendant's director B with the power of representation or power of representation as to the instant letter of undertaking and the instant construction contract. The defendant's payment of the construction cost = 31.8 million won (=25.3 million won (16.5 million won - 16.5 million won) and its corresponding amount.

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