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(영문) 대전지방법원 2017.09.20 2017가합586
공사대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 203,748,080 and the interest rate of KRW 15% per annum from August 11, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The Defendant and Western Industry Co., Ltd., Postalnet Co., Ltd., Postalnet Co., Ltd., Jeonjin Construction Co., Ltd., and Open Engineering Co., Ltd. (hereinafter collectively referred to as “the Defendant et al.”) were awarded contracts with D, the president of the above hospital, for the expansion and reconstruction of the relocation of the C Hospital located in Seo-gu, Daejeon (hereinafter referred to as “instant construction”) around July 2010.

(A) On August 15, 2010, the Defendant: (a) subcontracted the light framed construction among the construction works contracted from D to the Plaintiff at KRW 418,00,000 (including value-added tax) (hereinafter “instant subcontract”).

(2) The Plaintiff completed construction work under the instant subcontract. (B) The Defendant paid KRW 77,90,000 as the instant subcontract price from September 30, 2010 to November 15, 201 of the same year.

3) On the other hand, the Defendant companies, etc., who participated in the instant construction project, began to exercise their lien on the instant real estate as they failed to receive the construction price from D.

B) On April 3, 2012, the Plaintiff entered into an agreement with the Defendant to reduce the payment of the instant subcontract price in proportion to the percentage of the construction price actually recognized in the future lawsuit among the total construction price claimed by the Defendant (Evidence 2; hereinafter “instant reduction agreement”).

(C) In the auction procedure, the owner of the instant real estate filed a lawsuit for delivery of the building against the Defendant et al. as the court 2013Gahap101269.

(hereinafter “Related Lawsuits.” In the above lawsuit, the Defendant filed a lawsuit on 2,206,882 regarding the instant real estate.

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