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(영문) 창원지방법원진주지원 2016.11.10 2015가단3729
공사대금
Text

1. As to the Plaintiff (Consolidated Defendant)’s KRW 8,900,000 and its amount from April 10, 2015 to November 10, 2016.

Reasons

The combined lawsuits with the principal lawsuit shall be considered together.

Basic Facts

On May 31, 2014, the Plaintiff received from the Defendant a supply of and demand for the Korea Land Construction Corporation (hereinafter “instant construction”) under the following conditions, and received KRW 17,500,000 on the same day.

Upon completion of June 1, 2014, the construction cost of KRW 67,500,000, KRW 17,500,000 remaining 50,000 as the advance payment on June 30, 2014 (in accordance with the circumstances, after consultation), and KRW 50,000,000 after completion inspection, and KRW 40,000 and KRW 50,000 and KRW 50 and KRW 50,00,00 are written as written in the attached Form as of July 1, 2014.

On December 16, 2014, the Plaintiff underwent a completion inspection on the housing built on December 16, 2014 (hereinafter “instant housing”) and completed the warehouse construction on December 30, 2014.

On February 4, 2015, the Plaintiff transferred KRW 17,000,000 among the bonds remaining after the instant construction works to E, and sent the notice of assignment to the Defendant, and the said notice reaches the Defendant around that time.

[Reasons for Recognition] The Plaintiff’s assertion of the parties to the dispute in the absence of dispute, Gap’s Evidence Nos. 1, 2, 4, and 6 (including the paper number; hereinafter the same shall apply), Eul’s Evidence Nos. 1, 2, and 4, and the purport of the entire pleadings completed the construction of this case. For the following reasons, the Plaintiff waived the construction payment in accordance with each of the instant documents

The plaintiff cannot be deemed to have a duty to pay other penalty for breach of contract in the above form. Thus, the plaintiff may claim to the defendant the balance of the construction work of this case 50 million won.

However, the Plaintiff transferred KRW 17,00,000,000, out of the outstanding bonds to E on February 4, 2015, and thus, the Plaintiff seeks to pay the remainder of KRW 33,000,000 to the Defendant from the day following the delivery of the instant payment order to the day of full payment.

The plaintiff did not delay the construction work.

The clause 1-1 of the letter of this case is a part that does not need due to the invasion of paragraph 1, and remains unsatisfy.

In other words, the part which erases Paragraph 1 and puts them in hand.

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