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(영문) 대구지방법원의성지원 2016.04.20 2014가단1890
공사대금
Text

1. Defendant C Incorporated Co., Ltd.: 25,650,000 won and its related thereto from August 7, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On November 12, 2012, the Plaintiff, upon receiving a contract from Defendant C Co., Ltd. (hereinafter “Defendant C”), for the construction of reservoirs and repair of ditches, etc. around the Egymnas, by piling up a embankment from March 2012 to June 2014, the Plaintiff agreed to the construction cost of KRW 450,000 per day by aggregating equipment rent and personnel expenses, and KRW 250,00 per day for four-hour work.

B. The Plaintiff completed the said construction work on or around June 30, 2014; Defendant C paid the construction cost of KRW 37,650,000 under the said agreement, which was KRW 2 million on June 21, 2012; KRW 12 million on March 6, 2013; and did not pay the remainder KRW 25,650,000.

C. On February 27, 2014, Defendant C sold real estate listed in the separate sheet (hereinafter “instant real estate”) with Defendant C Co., Ltd. (hereinafter “Defendant B”), at KRW 5 billion. However, the down payment amount of KRW 100 million is paid on the date of the contract, and the intermediate payment of KRW 3.85 billion is paid on the date of the contract, and Defendant B, instead of paying the said amount, entered into a sales contract with Defendant B up to March 11, 2014, with the collateral obligation (hereinafter “instant collateral obligation”) for the instant real estate, Kimcheon Agricultural Cooperatives (hereinafter “Seoul”), direct agricultural cooperatives (hereinafter “Seoul”), EFFF Co., Ltd., Ltd. (hereinafter “IFF”); and Defendant C shall be paid the remainder of the collateral obligation (hereinafter “instant collateral obligation”); and Defendant C shall be paid the down payment of KRW 100,000,000,000,000.

Defendant C indicated in paragraph (3) of this case as to the instant real estate to Defendant B.

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