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(영문) 서울중앙지방법원 2018.11.22 2018가단25272
횡령금반환 등
Text

1. The Defendant shall pay to the Plaintiff KRW 77,489,184 and the interest rate of KRW 15% per annum from May 9, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff: (a) set the construction cost of KRW 800,00,000 and the construction period from February 22, 2016 to August 31, 2016 and awarded a contract to the Defendant for the remainder of the construction work (hereinafter “instant construction work”) other than the structural frame for the construction of a multi-household C Multi-family construction project in Yeongdeungpo-gu, Young-gu; (b)

B. As of January 24, 2017, the Defendant issued to the Plaintiff a receipt stating that the Plaintiff received the instant construction cost as follows with respect to the instant construction project.

Article 108.12.29 of the 2015.12.29 of the 2015.29 of the 2015.12.29 of the 2015.29 of the 2015.29 of the 20015.21,740,740,000 of the advance payment and the 10,7400,740,000 of the intermediate payment and the 108.10,000 of the 2016.10,000 of the 2016.20,000 of the intermediate payment and the 106.10,000,000 of the 2016.16.20,000 of the 2016.15,000,000 of the intermediate payment and the 16.16.30,006,00 of the 206.16.206.

다. 피고는 원고에게 기준일을 2017. 1. 24.로 하여 기성고 합계가 320,510,816원이라는 내용이 포함된 ‘의정(懿亭) 기성고’라는 기성고 산출내역을 작성하여 교부하였다.

This is described as "27,133,33" cost of elevator construction. D.

The Defendant did not proceed with the instant construction since January 24, 2017.

E. On April 3, 2017, the Plaintiff discontinued the instant construction work to the Defendant and did not notify the Plaintiff of the reasons for the delay. The Plaintiff’s oral three times, content-certified mail.

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