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(영문) 서울중앙지방법원 2016.08.26 2015가단5088406
양수금
Text

1. The Defendant’s KRW 162,973,715 for the Plaintiff and KRW 5% per annum from April 29, 2015 to August 26, 2016.

Reasons

1. Basic facts

A. On October 27, 2014, the construction contract for the instant construction project was concluded with the Defendant, under which the contract was concluded from the Defendant for the replacement of children’s play facilities (hereinafter “instant construction”) in the apartment complex located in Gyeongwon-gun, Gyeongwon-gun, Gyeongwon-gun, Gyeongwon-gun, the Defendant entered into a contract for the instant construction project with the terms that the contract was concluded from October 31, 2014 to January 25, 2015, for the construction period of KRW 386,650,00 of the contract amount, and for the construction period from October 31 to January 25, 2015.

On the day of the above contract, the Defendant paid the non-party company KRW 77,330,00 as the down payment of the instant construction work.

B. On October 31, 2014, the Plaintiff and the non-party company entered into a contract for the supply of goods to the non-party company, setting the contract amount of KRW 209,000,000, and the delivery period from October 31, 2014 to January 25, 2015. Accordingly, the Plaintiff completed the supply of goods.

C. The non-party company completed the instant construction work on January 15, 2015, and the non-party company completed the construction work on February 3, 2015. On February 12, 2015, the non-party company requested the Defendant to pay the construction price on February 12, 2015, after the result of the inspection that the children’s play ground constructed by the Korea Testing and Inspection Institute meets the facility standards and technical standards for children’s play facilities and children’s play facilities. However, the Defendant did not pay the remainder of KRW 309,320,00,00, excluding the down payment made before claiming the defects, etc. of the instant construction work. 2) According to the appraiser A’s appraisal of defects, etc., the non-party company completed the construction work in accordance with the design drawings, specifications and construction contract. Among the parts to be constructed in accordance with the design drawings, specifications and construction contract, the non-party company did not construct the J-party company’s portion of 822, J854,000,200 won.

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