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(영문) 수원지방법원안산지원 2016.11.15 2013가단37708
양수금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

가. 원고는 도어 ㆍ 창호 ㆍ 샷시 제조업, 일반 건축공사업 등을 하는 회사, 피고는 운반하역기 제작 및 설치업 등을 하는 회사, 유한회사 승보종합건설(이하 ‘승보종합건설’이라 한다)은 토목 공사업 등을 하는 회사이다.

B. On September 13, 2012, a comprehensive construction contract for construction works for construction works for construction works for a factory on the ground (hereinafter “instant construction works”) located on March 15, 2013 (hereinafter “instant contract for construction works”) with the Defendant on the surface of the water village of the Seosung-si, Seosung-si (hereinafter “instant construction works”).

C. On November 8, 2012, the Plaintiff entered into a contract for construction with respect to the 102,300,000 won (including value-added tax) and the term of completion on November 25, 2012 (hereinafter “instant subcontract”). The Plaintiff entered into a contract for construction as of November 25, 2012 (hereinafter “instant subcontract”).

On October 2, 2013, 2013, comprehensive construction was transferred to the Plaintiff KRW 28,887,100, out of the claim for construction cost under the instant contract (hereinafter “transfer of claim”) and notified the Defendant of the assignment of claim on the same day.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 4 (including additional number), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion 1) The Plaintiff had a claim for the construction cost based on the instant subcontract regarding the relevant comprehensive construction works. Accordingly, the relevant comprehensive construction works transferred KRW 28,887,100 to the Plaintiff out of the claim for the construction cost based on the instant contract. Therefore, the Defendant reduced the Plaintiff’s claim amounting to KRW 23,887,100 (the Plaintiff’s claim amount to KRW 23,887,100 from the first date for pleading on February 4, 2014).

(2) The contract of this case at the defendant's assertion is related to the contract.

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