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(영문) 울산지방법원 2015.07.24 2014가단16325
공사대금
Text

1. The Defendant: 21,847,100 won to Plaintiff A and 5% per annum from April 1, 2014 to July 24, 2015.

Reasons

1. Basic facts

A. The Defendant, a company running the construction business, etc., was awarded a contract for the extension of the 10th and the 2nd floor in the G located in Kimhae-si, Kimhae-si.

B. On November 24, 2010, Plaintiff A received a request from the Defendant for a tree-water work, such as stairs work, among the G extension work, from the Defendant, and completed the said work until April 11, 201.

C. Meanwhile, the Defendant filed a lawsuit seeking the payment of construction cost of KRW 153,440,078 with the U.S. District Court 201 Gohap5284, Aug. 18, 2011, which was not paid the construction cost by the above E. In relation to the instant case, on the 28th day of the same month, the Defendant prepared a power of delegation to the Plaintiff that “Yansan District Court 201Gahap5284, Jun. 28, 201, delegate KRW 26,949,30 to the Plaintiff” (hereinafter “instant power of delegation”).

Since then, the Defendant paid KRW 850,000 to H on October 14, 201, and KRW 300,000 to Plaintiff B on January 21, 2012.

E. Meanwhile, the Defendant received KRW 80,000 from the above E as the above construction price, and thereafter, there was a settlement recommendation between the above E and the Busan District Court Decision 201Gau5284, Busan High Court Decision 2013Na5756, the appellate court of the case of construction price under the Busan High Court Decision 2013Na5756, Jan. 24, 2014 that “The above E shall pay the Defendant KRW 90 million up to March 31, 2014,” which became final and conclusive around that time.

F. The Defendant’s labor cost of Plaintiff A is KRW 3,455,00, and the labor cost of Plaintiff B is KRW 1,845,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment as to the claim of the main plaintiff A

A. The plaintiff's assertion (1) is that the defendant is obligated to pay the plaintiff A a total of KRW 25,79,300 (main cause of claim) or that the defendant is obligated to pay the plaintiff a total of KRW 25,79,300 (the labor cost of the plaintiff's 3,45,000 won (the labor cost of January 201, KRW 980,000, labor cost of the plaintiff's 2,475,000), labor cost of the plaintiff B, KRW 1,845,00,000, and KRW 3,455,000 for the plaintiff's 2,300,000.

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