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(영문) 청주지방법원 2019.08.29 2018가합4144
양수금
Text

1. The Defendant’s KRW 1,00,000,000 as well as 15% per annum from May 10, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

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

On May 11, 2016, in relation to the new construction of accommodation facilities located in Seopo-si, Jeju Special Self-Governing Province, the construction cost of KRW 2.5 billion is paid at the time of the contract, the amount of KRW 1 billion paid at KRW 1.00 billion paid at the time of completion of the structural construction, the remainder of KRW 500,000,000,000,000,000,000,000 was paid at the time of completion of the structural construction, the payment after completion, May 16, 2016, and May 16, 2017.

Upon entering into an additional construction contract on file works, etc., the construction cost was KRW 553,940,00 (excluding surtax), but the total amount of the above additional construction cost was determined to be paid after completion (hereinafter referred to as the “instant construction work” and the completion completion completion completion date on November 30, 2017.

3) By May 4, 2017, C interrupted the instant construction from May 4, 201, see Article 76, 82, and 83 of the Evidence No. 9-4 (Appraisal Statement). At the time of performing the instant construction, C discontinued the construction after performing the construction. At the time of the completion of the construction, earth and sand construction, pelvis construction, etc., but part of the interior and interior equipment pipeline construction, etc. was unexecutiond, and at the time of the completion of the construction, C took over KRW 1 billion from C on May 19, 2017, from May 19, 2017 to the Defendant, the Plaintiff sent a notice of transfer of the construction payment to the Defendant by registered mail at the next day on behalf of C.

5. Meanwhile, the date of remittance and the amount of remittance of the money remitted by the defendant to the account in the name of C as the construction price of this case are as follows:

The remittance amount of the remittance date on May 11, 2016, 500,000,000 on August 14, 2017, 201, 50,000,000 on July 8, 2016, 200, 150,000 on August 150, 200 on August 24, 2017; 10,000,000 on July 22, 2016; 10,000,000 on August 31, 2017; 80,000,000,00 on August 19, 2016; 160,000,000; 10,000,000,00 on a total of 15,01,00,000,000,00 on August 16, 2017;

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