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(영문) 수원지방법원 2018.08.17 2017가단32028
청구이의
Text

1. A notary public’s office against the Plaintiff on February 4, 2016, No. 57 of the No. 2016.

Reasons

1. Facts of recognition;

A. The Defendant subcontracted the machinery and equipment construction work (hereinafter “instant construction work”) among the new hotel construction work in Seongbuk-gu, Sungwon-si D, Changwon-si, to E.

B. On January 4, 2016, the Plaintiff, as a field manager of the instant construction site, determined a construction period from January 4, 2016 to May 6, 2017, with respect to the labor cost of the instant construction project, with respect to the labor cost of the Defendant and the instant construction project, and notified the Defendant of the employment and dismissal of the contractual amount of KRW 424,00,000 (excluding value-added tax), and entered into an agreement on labor cost (hereinafter “instant agreement on labor cost”).

C. On February 4, 2016, the Plaintiff issued a copy of a promissory note, the face value of which is KRW 84,800,000, and which is payable at sight (hereinafter “instant promissory note”) to the Defendant. On February 4, 2016, the Plaintiff prepared and issued a notarial deed (hereinafter “instant notarial deed”) with No. 57 of the No. 2016, a deed of preparation of C’s office as to the said promissory note.

On May 2016, the Plaintiff discontinued the provision of labor services to the instant construction project and accepted it on the spot.

E. (1) Meanwhile, the Plaintiff and the Defendant, around March 2, 2015, determined the period of construction with respect to the labor cost for the installation of machinery and equipment and fire extinguishing equipment among the construction sections of G apartment construction sites G from the FF KRW 1,00,000, among the apartment construction sections of Taecheon-si around March 2, 2015, as the agreed amount of KRW 355,00,000 (excluding value-added tax) and agreed on the performance-based labor cost (hereinafter “Agreement on the Labor Cost at the Tae Taecheon-si”).

(2) On April 16, 2015, the Plaintiff issued a copy of a promissory note as of April 2016, at the face value of KRW 71,00,000, and the due date of payment, as of April 20, 2016, and the said promissory note is called “notarial deed as of April 16, 2015 (hereinafter referred to as “notarial deed”) by a notary public’s office No. 175 as to the said promissory note. 175.

【Preparations and orders made. 【Facts Nos. 1, 2, and 4, and Nos. 1 and 2, for which no dispute over the basis of recognition exists.”

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