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(영문) 청주지방법원 2015.12.09 2015가단13386
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On September 30, 201, around September 30, 2011, C proposed that “A shall pay KRW 230,000,000 if the construction owner of an officetel suspended from construction exceeds the name of the owner of the officetel suspended from construction, and shall accept and pay the construction cost of KRW 485,00,000.”

D The D accepted it and changed the name of the owner of the instant officetel under the name of E designated by C with respect to the said officetel, but C failed to comply with the above payment commitment.

(A) On February 18, 2013, with respect to the payment of the price for the above officetel construction, D and E agreed that “C and E shall make up for the payment of the price for the above officetel construction,” and “C and D shall make settlement through mutual consultation after completion of the construction work with each other after the completion of the construction work.”

The details of the unpaid construction cost were 40 million won in the underground construction cost of Thai Construction Company, F Company G 270 million won in the F Company G, H 45 million won in the J 85 million won in the I Company, J 80 million won in the I Company, 50 million won in the cost of the temporary material cost of Geum Mangyeongn Corporation. This was a debt that D is obligated to pay.

(Evidence No. 2 and Evidence No. 11-26) Of the above accrued construction costs, Thai Construction Co., Ltd. renounced 40 million won of underground construction costs of Thai Shipping Co., Ltd., and with respect to F Co., Ltd. G, E gave up payment of KRW 270 million to G.

9. Decision 201Gahap1302 was rendered and finalized, and the construction cost of H was KRW 45 million transferred to H to E. The claim was transferred by H to H, and the Kugyeong-gu Co., Ltd. was ordered to pay the said construction cost. The J does not exercise its right as to the said construction cost (No. 11-6, 27, 42, 45, 45).

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