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(영문) 대구지방법원 2016.03.23 2015나15878
공사대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On July 10, 2014, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant (i.e., a company Co., Ltd., and the said company’s trade name was changed to B/C on January 22, 2015) to enter into a contract on July 10, 2014 with respect to the construction of machinery and equipment among D-household housing (hereinafter “instant construction”) on the commencement date, July 10, 2014; (ii) February 20, 2015; and (iii) KRW 25,468,00 (payment in advance; (iv) payment in advance; (v) payment in advance after consultation; and (v) payment in balance within five days after completion).

B. On February 2015, the Plaintiff completed the instant construction work.

C. On December 2014, the Defendant’s present representative E acquired management rights, etc. against the Defendant from the Defendant’s former representative director F.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. The Plaintiff entered into the instant contract with the Defendant by stipulating that construction cost of KRW 25,468,00 for the instant construction project and any balance shall be paid within five days after completion of the construction, and that the instant construction project has been completed on or around February 2015. Meanwhile, the Plaintiff received KRW 17,468,00 from the Defendant (i.e., KRW 14,50,000 on or around July 23, 2014) (i.e., KRW 14,968,00 on April 23, 2015) from the Defendant, and barring special circumstances, barring any special circumstance, the Defendant is obligated to pay the remainder of the construction cost of KRW 8,468,00 for the instant construction project (i.e., KRW 25,468,468,00 for the interest of KRW 17,468,00 for delayed payment) and damages for delay calculated at the rate of 25,2015.

3. Judgment on the defendant's assertion

A. The Defendant’s present management, on January 20, 2015, took over the Defendant from the Defendant’s former management on or around January 20, 2015, and the Defendant’s former employees G, who had been in charge of Dmulti-household construction before the acquisition.

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