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(영문) 서울중앙지방법원 2017.02.03 2014나63895
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff asserted that “Around April 2011, the Defendant completed the glass Construction Work with a contract for KRW 881.60,000,000 from the Gwa Holdings in Guro-gu Seoul, and filed a lawsuit against the Defendant seeking payment of KRW 881.60,00 for the construction cost.”

The Seoul Central District Court Decision 201Ga392676, hereinafter referred to as the “One Lawsuit”). However, the appellate court of the instant lawsuit rendered a judgment with the following purport and dismissed the Plaintiff’s claim (Seoul Central District Court Decision 2012Na16338, Nov. 2, 2012), and the Plaintiff’s appeal was dismissed (Supreme Court Decision 2012Da114516, Mar. 14, 2013).

Around April 2011, it is recognized that the Plaintiff completed the construction work by entering into a subcontract with the Defendant for KRW 8,81.60,000.

However, the Defendant paid KRW 10 million on December 20, 201, ② KRW 22.2 million on March 22, 2011, ③ KRW 5 million on April 8, 2011, ④ KRW 10 million on April 28, 2011, May 13, 2011, and KRW 14 million on May 14, 201, ⑤ KRW 20 million on August 24, 201, and KRW 60 million on August 9, 201, and all the Defendant’s obligation to pay construction price to the Plaintiff was extinguished.

The Plaintiff asserts that “the said money was paid to Fwa Holdings and Jwa Holdings underground glass Corporation located in Yangcheon-gu Seoul Metropolitan Government I, which was undertaken from November 201, 2010.”

The fact that the Plaintiff was awarded a subcontract from the Defendant from January 10, 201 to March 201, 201, that he/she completed the 2nd cover of the 1st century underground, the second cover of the 1st basement underground, the first floor entry construction, the third cover of the 3rd plastic bag construction, and the Jweing underground plastic bag construction, but it is also recognized that the Defendant paid the Plaintiff the total amount of KRW 1,5 million on July 20, 201, the amount of KRW 1,5 million on August 10, 201, and KRW 35 million on September 18, 2010, and KRW 4 million on September 30, 201, and KRW 5 million on September 26, 2010, and KRW 5 million on September 15, 2015, respectively.

According to this, the defendant's KRW 9,450,000,000,000,000 claimed by the plaintiff as the construction cost of the FSB and JS.

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