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(영문) 서울중앙지방법원 2017.04.18 2016가단5143454
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 18,800,000 as well as 15% per annum from May 21, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of software consulting, development and supply, information processing, and database construction, and Defendant Agricultural PartnershipF is an incorporated farming association established under the Act on Fostering and Supporting Agricultural and Fisheries Enterprises (hereinafter “Agricultural and Fisheries Business Entities Act”), and Defendant A, B, C, D, and E is a member of Defendant Agricultural Partnership.

B. On April 24, 2014, the Plaintiff entered into a construction contract with Defendant Farming Partnership to pay 2,585,000,000 construction cost for solar power generation facilities of Defendant Farming Partnership (value 2,350,000,000, value-added tax 235,000,000) and the construction period from April 24, 2014 to June 30, 2014. The Plaintiff entered into a construction contract with Defendant Farming Partnership to pay 50% of the contract price at the time of commencement of the construction work, 30% of the contract price at the time of completion of pre-use inspection, and 20% of the contract price after completion of pre-use inspection.

On October 1, 2014, the Plaintiff and Defendant Agricultural Partnership entered into a contract for construction revision to extend the above construction period from April 24, 2014 to October 31, 2014. The Plaintiff completed the pre-use inspection on October 29, 2014.

B. Defendant farming association paid only KRW 2,563,100,000 among the construction cost of KRW 2,585,000,000 to the Plaintiff, and did not pay the remainder of KRW 21,90,000 to the Plaintiff.

On the other hand, on December 16, 2016, the Plaintiff entered into a contract on the assignment of the claim for construction cost of KRW 3,100,000 among the claim for construction cost of KRW 21,90,000 to the Defendant farming association corporation and the Defendant farming association corporation, and at that time, notified the Defendant farming association corporation of the assignment by sending content-certified mail.

[Ground of recognition] Facts without dispute, or entries in Gap evidence 1 through 9 (including additional numbers), the purport of the whole pleadings

2. According to the facts of the above recognition of the claim against Defendant Incorporated PartnershipF, the Defendant Incorporated Partnership is a party to the instant construction contract, which is not paid to the Plaintiff as a party to the instant construction contract.

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