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(영문) 수원지방법원 2016.05.24 2014가단63427
대여금
Text

1. The Defendant’s KRW 25,163,60 for the Plaintiff and the following: 5% per annum from November 25, 2014 to May 24, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs the electrical construction business under the trade name of “C”.

On December 11, 2013, the Plaintiff received a subcontract for electrical construction costs of KRW 240,000 (excluding value-added tax) from the Defendant among D construction works that he/she received from the Defendant, and completed subcontracted construction works on February 14, 2014.

After that, on February 28, 2014, the Plaintiff completed the project to accept a subcontract with the fixed price of KRW 10,000,000 for the replacement work among the above electrical construction from the Korea Electric Power.

B. On January 28, 2014, the Plaintiff and the Korea Electric Power Co., Ltd. drafted a written consent to the payment of KRW 100,000,00 to the Plaintiff directly to the Plaintiff, with respect to the payment of KRW 100,000 to the Plaintiff.

(hereinafter “instant direct payment consent”). The Plaintiff, the Defendant, and the Korea Electricity agreed on March 14, 2014 that the Defendant shall pay the Plaintiff the construction cost to the Plaintiff directly to the Plaintiff. The subcontract amount stated in the written agreement formulated at the time is KRW 318,00,000,000.

(hereinafter “instant direct payment agreement”) C.

The Defendant paid each of the Plaintiff KRW 100,00,000,000 on January 28, 2014, and KRW 100,000,000 on March 17, 2014, and KRW 50,000,00 on March 18, 2014, and KRW 71,836,40 on March 20, 2014, respectively, in accordance with the instant direct payment agreement and direct payment agreement.

However, on March 18, 2014, the Plaintiff remitted KRW 72,000,000, out of KRW 100,000,000, which was remitted on March 17, 2014, to E as the Defendant’s representative director.

The contract amount under the D Construction Contract concluded between the defendant and the defendant is KRW 2,736,00,000 (excluding value added tax). At present, the lawsuit is pending against the defendant for the claim for construction cost against Jinwon District Court Decision 2015Gahap10175.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 4, Gap evidence 5-1, 2, and 5.

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