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Reasons
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(영문) 수원지방법원 2015.08.25 2014가단59756
공사대금
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1. The Defendant shall pay 39,240,000 won to the Plaintiff and 20% per annum from October 25, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On January 23, 2009, Suwon District Court Decision 2008hap44 decided to commence rehabilitation procedures and the Plaintiff was appointed as a custodian.

B. On January 15, 2014, the Plaintiff agreed to pay directly to the Plaintiff the construction cost of KRW 165,00,000 (including surtax; hereinafter the same shall apply) paid to the Plaintiff, among the Defendant and the Es&P Construction Co., Ltd. (hereinafter referred to as “SP”) that the Plaintiff was contracted by the Nonparty Company, and the Plaintiff, for the construction cost of the Cscop new factory board construction and the freezing panel construction (hereinafter referred to as “the first agreement”).

C. Pursuant to the first agreement, the Plaintiff issued an electronic tax invoice of KRW 165,00,000 on January 15, 2014 with the Plaintiff as the person to whom the Defendant was supplied. The Defendant reported the said electronic tax invoice to the tax office, and the Defendant paid KRW 150,000,000 to the Plaintiff on January 15, 2014.

On August 28, 2014, the Plaintiff agreed to pay to the Plaintiff KRW 174,240,000 in total, including KRW 158,840,00,00, which the Defendant directly contracted to the Plaintiff, to the Plaintiff, for the construction cost of the Taewon Food Construction, Cudio Construction, Cudio Construction, and the construction cost not paid among the construction cost of the wastewater treatment plant construction, and KRW 15,40,00,000, which the Plaintiff directly contracted to the Plaintiff (hereinafter “the second agreement”).

E. Pursuant to the second agreement, the Plaintiff issued an electronic tax invoice of KRW 174,240,000 on August 28, 2014 with the Defendant supplied, and the Defendant reported the said electronic tax invoice to the tax office. The Defendant paid KRW 20,000,000 to the Plaintiff on August 28, 2014, and KRW 20,000,000 on September 12, 2014, respectively.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including provisional number), the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the defendant is subject to the first agreement with the plaintiff.

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