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(영문) 부산지방법원 2019.06.13 2017가단32936
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. On May 24, 2013, Co., Ltd (hereinafter “Contractor”) concluded a construction contract under which the supply and demand company entered into a contract with the Defendant by setting the supply and demand company as equivalent to KRW 90,000,000 of the construction cost (i.e., excavation work, 150,000 per m) for the supply and demand of the Defendant under a special agreement as follows.

- All the expenses for underwater water pumps and trial operation administrative procedures for hot spring when excavation is completed shall be borne by the defendant, and the supply and demand company shall implement the administrative problem procedure.

The supply and demand company has performed excavation works since the time of the contract, but it has failed to meet the hot spring quantity corresponding to the Hot Spring Act.

Accordingly, the contracting company and the defendant have secured the necessary volume of hot spring at a point near 1,000 meters in depth as a result of additional construction works by making additional excavation works as construction cost of KRW 150,000 per previous m.

(hereinafter) On May 10, 201, the amount paid on the payment date. On June 15, 2013, 2013, the payment date of the payment date is KRW 10 million,50,000 won on June 23, 2013; KRW 13.8 million on June 24, 2013; KRW 13.8 million on February 6, 2014; KRW 5 million on June 1, 2013; and KRW 5 million on July 3, 2013; the supply and demand company received KRW 3 million from the Defendant in relation to the instant construction project from May 10, 2013 to February 7, 2014, as follows:

The excavation work of the supply and demand company was completed around June 2013 to July 7, 2013, and around June 10, 2014, a report was made to the effect that it is appropriate or successful as a result of the inspection of the above hot spring hole.

On May 19, 2017, the supply and demand company transferred the above claim for the construction cost to the Plaintiff and notified the Defendant of the assignment of the above claim at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, and 6, the purport of the whole pleadings

2. Summary of claims, etc. and determination thereof

A. The Plaintiff’s excavation work based on the instant construction contract included KRW 150,000,00.

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