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(영문) 대전지방법원 2015.01.29 2014가단20261
공사대금
Text

1. The defendant shall pay 37,500,000 won to the plaintiff and 20% per annum from May 23, 2014 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) C Co., Ltd. (hereinafter “C”).

(E) At the time of Esansan, the Newly constructed construction work on the D ground (hereinafter referred to as the “new construction work of this case”).

after receiving a contract from the Defendant, F Co., Ltd. (hereinafter “F”).

(2) The Plaintiff was awarded a contract with C for a painting construction among the instant new construction works, and the Plaintiff again from F to the outside heat portion of the painting construction works (hereinafter “instant construction”).

(2) On November 11, 2013, when the Plaintiff completed the instant construction work, the Defendant and C’s agent G, and the F representative director H agree that on November 11, 2013, the construction cost to be paid by the Defendant to C in relation to the instant construction work would be KRW 12,290,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00)

(hereinafter) On November 11, 2013, the Plaintiff and C, F, and the Defendant: (a) drafted a direct non-compliance certificate stating that “The Plaintiff shall pay 37,500,000 won to J A in advance from the contractor and pay J A in advance from the contractor,” with respect to the construction payment of KRW 37,50,000,00 that the Plaintiff shall have received from the contractor; and (b) transferred the Plaintiff a claim of KRW 37,50,000 out of the construction payment directly paid from the Defendant on April 11, 2014 to the Plaintiff. [Grounds for recognition] There is no dispute; and (c) Party A (the authenticity of the entire document is presumed to have been established because there is no dispute over the printed part of the Defendant’s name.

The defendant shall conduct the completion inspection by his agent.

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