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(영문) 인천지방법원 부천지원 2017.01.26 2016가단20697
공사대금
Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall be KRW 34,365,00 and its amount shall be from October 12, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates indoor construction, remote areas, flooring construction business, etc., and Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company that operates construction works, interior construction business, etc., and Defendant B is a spouse of Defendant C, the representative director of the Defendant Company, and a person who actually operated the said company.

B. The Plaintiff entered into a contract with the Defendant Company for the Doon Construction, and accordingly completed the Do on December 20, 2013 to September 30, 2015 totaling KRW 99,934,450.

The defendant company paid KRW 56,538,00 to the plaintiff out of the price of the above Doing construction work, and did not pay the remaining KRW 43,396,450 to the plaintiff.

C. Accordingly, the Plaintiff urged the payment of the construction cost, and the Defendant B, on January 12, 2016, prepared a “written rejection of the payment of the outstanding amount of KRW 33,00,000,000 (Evidence A 2; hereinafter “the instant payment note”) with the content that “The payment of the construction cost will be made by July 12, 2016,” and delivered it to the Plaintiff.

Even after the receipt of the instant payment note, the Plaintiff completed the Doing Construction Work in total amounting to KRW 17,365,000 at the Defendant Company’s request, and completed the Doing Construction Work.

E. Meanwhile, the Defendant Company paid the Plaintiff KRW 3,00,000,000 on February 27, 2016, and KRW 3,000,00 on February 29, 2016. Defendant B paid the Plaintiff KRW 5,00,000 on April 1, 2016, and KRW 5,000,00 on May 12, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. Claim 1) The Plaintiff, on January 12, 2016, settled the existing claim for construction cost between the Defendant Company and the Defendant Company at KRW 33,000,000, and thereafter, the outstanding amount equivalent to KRW 1,365,000 was generated upon the Defendant Company’s request. The Defendant Company’s claim against the Defendant Company at KRW 34,365,000 (= KRW 33,000,000) and its duplicate.

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