(영문) 대구지방법원 2017.11.10 2017가단6150

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(영문) 대구지방법원 2017.11.10 2017가단6150

공사대금

Text

1. The Defendant shall pay 61,832,700 won to the Plaintiff and 15% per annum from March 1, 2017 to the day of complete payment.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff was awarded a subcontract for 231,832,700 won of the subcontract price from Cheongdo-gun D golf club development project executed by the Defendant, and completed the said construction project. 2) The Plaintiff did not receive KRW 81,832,700 of the subcontract price, and the Plaintiff and the Plaintiff and the E requested the Defendant, the principal contractor, to give consent to the direct payment of the said amount. The Defendant issued a direct payment approval on June 20, 2016, and accordingly, the Defendant remitted KRW 20,000 out of the said money to the Plaintiff on August 12, 2016.

3) Therefore, the Plaintiff sought payment of money as stated in the purport of the claim. (b) The Defendant’s assertion that, under the condition that the Defendant is liable to pay the additional construction cost to the KCAE, the agreement on direct payment was null and void because it was made under the condition that the Defendant would pay the additional construction cost to the KCAE, or that there was a direct payment agreement in the absence of land or old circumstances. According to the written evidence Nos. 1, 2, and 3 of the judgment on February 2, 198 (including a serial number), it can be recognized that the Plaintiff’s claim for the above subcontract price was 61,832,

On the other hand, under the condition that the defendant's debt to the KBAE exists, a direct refusal was made.

there is no evidence to acknowledge the defendant's assertion that a direct non-agreement is null and void.

Therefore, the defendant's argument is not accepted.

Therefore, the defendant is obligated to pay to the plaintiff 61,832,700 won with 15% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 1, 2017 to the day of full payment, which is the day following the delivery of a copy of the application for the payment order in this case.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.

참조조문

-소송촉진 등에 관한 특례법

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