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Reasons
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(영문) 전주지방법원 2018.07.20 2017가단11966
양수금
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1. The Defendant shall pay KRW 52,887,00 to the Plaintiff the annual rate of KRW 15% from May 26, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff is the E (Representative Director D; hereinafter “E”) Co., Ltd.

D) In addition to the Dispute Resolution E, D operates a private business chain E in addition to the Dispute Resolution Co., Ltd., and the Plaintiff has a claim for the amount of KRW 176,469,842 for D operating a private business entity E. The Plaintiff has a claim for the amount of KRW 176,469,842.

B. D’s claim 1) D’s credit against the Defendant: (a) on January 26, 2016, the F hotel’s water distribution team, MCC, and subdivision production from the Defendant on January 26, 2016 (hereinafter “instant construction”).

(1) The contract was awarded to the Plaintiff for construction cost of KRW 178,200,00 (including value added tax) (hereinafter “instant contract”).

(2) On April 26, 2016, E employee G submitted a written estimate of KRW 189,610,00 (20,000,00,000,000, including surtax, value added tax) to the Defendant on May 9, 2016, upon receiving a request from the Defendant’s employee H for a review following the change of the F hotel design. Accordingly, E employee G submitted a written estimate of KRW 208,571,00 (including surtax, KRW 189,610,00,000) to the Defendant.

(3) On the other hand, D was awarded a contract with the Defendant for construction work at the Sejong City on August 31, 2016 (hereinafter “the instant modified contract”) in KRW 1,540,000 as well as construction work at the Sejong City on August 31, 2016 (hereinafter “the instant modified contract”).

(4) D) On March 4, 2016, D issued a tax invoice of KRW 210,110,000 in total, including (1) KRW 1,540,000 on August 31, 2016; (2) KRW 1,540,00 on September 5, 2016; (3) KRW 29,70,000 on September 5, 2016; and (4) KRW 167,871,00 on November 30, 2016.

C. The Defendant paid D KRW 81,00,000,000 on March 7, 2016; KRW 10,000,000 on October 5, 2016; KRW 10,000 on November 8, 2016; KRW 10,000,000 on December 1, 2016; KRW 30,000,000 on January 26, 2017; and KRW 10,000 on April 4, 2017; and KRW 81,00,000,000 on April 2, 2017; and KRW 40,000 on September 2, 2017.

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