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(영문) 대전지방법원천안지원 2015.02.10 2014가합3408
추심금
Text

1. The Defendant’s KRW 387,252,97 as well as the Plaintiff’s annual rate from June 28, 2014 to February 10, 2015, and the following.

Reasons

Basic Facts

The following facts may be acknowledged if there is no dispute between the parties, or if Gap evidence 1 through Gap evidence 4, Gap evidence 6-1, 2, Gap evidence 7-1, 2, Eul evidence 1-1, 2-2, Eul evidence 1-1, and 1-2, and the witness's testimony showed the purport of the whole pleadings:

On October 12, 2012, the Defendant entered into a contract for construction works between the Defendant’s construction contract and the Plaintiff’s construction contract with the ero-rayed Construction Co., Ltd. (hereinafter “Ero-rayed Construction”), with the content that the ero-rayed Construction Co., Ltd. (hereinafter “instant construction”) would carry out construction works for KRW 5,830,00,000 for construction cost from November 8, 2012 to May 31, 2013, the Defendant entered into a contract for construction works with the Defendant’s C Corporation (hereinafter “instant construction works”).

Between the Plaintiff and the Plaintiff on January 31, 2013, he entered into a construction subcontract with the effect that the Plaintiff would perform steel works among the instant construction works in the amount of KRW 80,000,000 from February 1, 2013 to May 31, 2013.

In addition, between the Plaintiff and the Plaintiff on May 1, 2013, he entered into a construction subcontract with the content that the Plaintiff would perform the additional construction work among the instant construction works in KRW 42,90,000 from May 1, 2013 to July 31, 2013.

Plaintiff

In accordance with each of the above construction agreements, the Plaintiff carried out steel works and additional construction works, and he completed the construction completion report confirming that the Plaintiff completed the construction of each of the above construction works.

The construction project was newly constructed in accordance with the above construction contract, and as a result, it was approved on September 3, 2013 by the defendant's factory.

The Defendant paid 5,10,000,000 won out of the construction cost under the said construction contract, as follows: (a) from December 31, 2012 to September 30, 2013, the Defendant paid 5,830,000,000 won under the said construction contract.

Amount paid on the date of payment (unit: 1,100,000,000,00 on December 31, 2012) shall be March 28, 2013.

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