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(영문) 대전지방법원논산지원 2016.11.24 2015가단21724
공사대금
Text

1. The Defendant’s KRW 25,185,00 for the Plaintiff and KRW 5% per annum from November 11, 2014 to May 22, 2015.

Reasons

1. Determination as to the cause of claim

A. The following facts can be acknowledged in full view of the evidence No. 1 to No. 7, the evidence No. 2, the witness C’s testimony and the whole purport of the pleading.

1) On October 19, 2014, the Plaintiff and the Defendant were to carry out all metal works and related accessory works, including all works for the installation of related facilities and installation of stairs in the case of the passenger voting (hereinafter “instant construction”).

(1) The term “the instant construction contract” means a construction contract under which the Defendant provided the Plaintiff’s voting materials necessary for the Plaintiff’s work in lieu of paying the down payment of KRW 65,000,000,000 from October 19, 2014 to November 30, 2014; and the intermediate payment of KRW 30,000,000,000, the remainder payment of KRW 40,000,000 after settling the price of materials after completing the execution (hereinafter referred to as “the instant construction contract”).

(2) From October 19, 2014 to November 10, 2014, the Plaintiff continued to carry out the installation of the wind voting system. Since November 10, 2014, the Plaintiff’s construction was suspended.

3) On June 2, 2015, the Defendant entered into a contract with Nonparty F to transfer all the rights and obligations relating to the instant construction to F. B. Determination 1) The occurrence of remuneration liability should be paid without delay after the completion of the relevant work, if the delivery of an object is not required.

(Article 65(1) of the Civil Act. In the case of this case, in full view of the facts acknowledged earlier and the purport of the entire pleadings, the Plaintiff suspended the construction due to legal disputes between the Defendant and E during the Do in which the voting press is installed, and on June 2, 2015, after a considerable time has elapsed, the Defendant’s rights and obligations relating to the instant construction.

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