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(영문) 대전지방법원천안지원 2019.06.26 2018가단110062
청구이의
Text

1. The Defendant’s document prepared on January 23, 2018, No. 200 against the Plaintiff.

Reasons

1. Basic facts

A. A. Around August 2017, the Plaintiff and the Defendant completed the subcontract and construction work between the Plaintiff and the Defendant. Around August 2017, the Plaintiff entered into a construction subcontract with the Defendant on August 7, 2017 (hereinafter “instant construction contract”) with the main content that the Plaintiff would pay KRW 274,000,000 to the Defendant for construction cost (hereinafter “instant construction contract”).

3) On September 23, 2017, the Defendant completed the instant waterworks construction work. (b) On January 23, 2018, the Plaintiff prepared a notarial deed, the Plaintiff did not pay KRW 119,60,000, out of the construction cost under the instant contract. On January 23, 2018, the Defendant and the Defendant approved that “the remainder of the construction cost unpaid by the Plaintiff to the Defendant is KRW 119,60,000 as of January 23, 2018. The Defendant paid the said money at the time of completion of the deposit of the instant land and a loan secured by the instant building after the approval for use of the instant building, regardless of the execution of the loan, and there is no objection to compulsory execution immediately if the Plaintiff did not pay the said money by June 30, 2018. The Plaintiff approved that Article 13 of the Fair Transactions in Subcontracting Act applies to a notarial deed (hereinafter “Notarial Deed”).

c) On July 3, 2018, the Plaintiff was ordered to take a supplementary measure that “the Plaintiff, in accordance with the order to take a supplementary measure, has any part required to be supplemented as follows, as a result of the completion inspection on the instant waterworks project,” as the result of the completion inspection on the instant waterworks project. 【The Plaintiff, in accordance with the order to take a supplementary measure, was issued an order to take a supplementary measure. 【The Plaintiff, in accordance with the order to take a supplementary measure, shall be either written evidence Nos. 1 and 2, evidence No. 5-1, and all pleadings.

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