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(영문) 울산지방법원 2019.03.27 2018가단22441
공사대금
Text

1. The Defendant: 5% per annum from November 30, 2018 to March 27, 2019, and March 28, 2019 to the Plaintiff.

Reasons

. Around February 2018, construction work was suspended.

The Defendant remitted KRW 545,500,000 to C, including the remittance of KRW 82,50,000 to the construction cost of the instant new construction project on November 2, 2017.

Although the Defendant intended to implement the rest of the new construction of this case following C’s discontinuance of construction, it became difficult for the Plaintiff to proceed with construction due to the Plaintiff’s rain limit (temporary snow materials installed as steel bars and wood trusses around the outer walls of each floor of the entire building for construction) installed in the new building, and on April 23, 2018, the Plaintiff prepared “cash statement” (Evidence No. 2 of this case, hereinafter “the cash statement”) as follows between the Plaintiff and the Plaintiff.

The document of cash payment, April 23, 2018, which reads KRW 30,00,000 (30,000) as the F President, shall be deposited into the N.N. account.

(A) shall deposit the remainder of 20,000,000 won on April 31, 2018.

* Additional tax included* The National Treasury of the F president after obtaining a completion completion certificate and the National Assembly of the President of the B/L Corporation of April 23, 2018, in the presence of the C/L Co., Ltd. F (resident registration number omitted)

E. Around that time, the Plaintiff removed the rains installed on the outer wall of the instant newly constructed building, and the Defendant removed the Plaintiff’s deposit account in the name of “E (A)” in the name of “E (A),” and KRW 10,000,000 on April 23, 2018, and KRW 10,000,000 on April 30, 201,

7.25.25. The same year

8. A total of KRW 43,000,000 for each of 1,000,000 on 27. and 10.1 of the same year were remitted.

F. On August 22, 2018, the Defendant obtained approval for the use of the new building of this case on the same day, and completed registration of preservation of ownership in the name of the Defendant on the same day.

[Ground of recognition] Evidence Nos. 1 through 3 (including paper numbers; hereinafter the same shall apply), Evidence Nos. 1 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1 of the parties concerned did not receive C from the defendant.

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