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(영문) 울산지방법원 2014.08.21 2012가합9825
공사대금
Text

1. The defendant's successor (appointed party) shall be 26,299,450 won and 31,904.

Reasons

1. Basic facts

A. On November 7, 2011, Defendant (B) concluded a contract with the Plaintiff on November 7, 201, setting the construction cost of the construction work for constructing a parts factory B on the land of Samsung-si (hereinafter “instant construction work”) at KRW 2.160,000,000 for construction cost (excluding surtax).

(hereinafter “instant contract”). (b)

On March 5, 2012, the Plaintiff and the Defendant concluded a modified contract with the content that the construction cost shall be increased to KRW 2.184 million (excluding additional dues) at the latest, following the completion date of the instant contract as soon as possible.

C. However, as the Plaintiff failed to complete the instant construction by the scheduled completion date as stipulated in the instant contract, the Defendant sent a document demanding the Plaintiff to complete the construction on August 22, 2012, and the construction was delayed despite the above demand on November 14 of the same year. As such, the Plaintiff sent a notice of cancellation of the instant contract, and the said notice reached the Plaintiff at the time.

Since November 16, 2012, the Defendant occupied the instant construction site by removing the Plaintiff.

The Plaintiff received KRW 1.728 billion as the construction price and value-added tax based on the instant contract from the Defendant.

E. Meanwhile, on March 2013, the Plaintiff entered into an agreement on the assignment of claims for each of the construction price claims against the Defendant, D, and E with the Intervenor: KRW 50 million; KRW 60,510,160 to the Appointed Co., Ltd.; KRW 11,5 million to the Selection Co., Ltd.; KRW 15 million to the Selection Co., Ltd.; KRW 25 million to the Selection U.S. Co., Ltd.; KRW 60,000 to the Selection Hosan Co., Ltd.; and on March 20, 2013, the Plaintiff notified the Defendant of the said transfer and sent the notice to the Defendant on March 21, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, 7, 13, 14-3, Eul evidence 2-1, 3-1, 3-1, and the purport of the whole pleadings

2. Determination

(a)a party’s assertion;

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