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(영문) 서울남부지방법원 2016.12.09 2015가단239625
공사대금
Text

1. The defendant shall pay 6,60,000 won to the plaintiff and 20% per annum from May 7, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. (1) On September 19, 2014, the Defendant entered into a contract with B Co., Ltd. (hereinafter referred to as “B”) on a fixed date as of October 1, 2014, setting the contract amount of KRW 3.4 billion (excluding value-added tax), October 1, 2014, and April 12, 2015 for completion of the construction contract.

On June 4, 2015, Defendant and B entered into a contract to increase the construction cost to KRW 3.7 billion (excluding value-added tax).

(2) Around December 15, 2014, B entered into a contract with the Plaintiff on December 15, 2014 that the steel frame (hereinafter “instant subcontract”) among the aforementioned D DD works included KRW 798.6 million in the construction cost (including value-added tax) and December 15, 2014 in its commencement (in the subcontract form, it appears to be a clerical error, and it appears to be a clerical error), and on January 30, 2015 in its completion (hereinafter “instant subcontract”).

B. On April 3, 2015, B drafted a statement of payment stating that “The unpaid amount out of the instant construction cost shall be KRW 566.6 million.” On April 15, 2015, KRW 300 million shall be paid, and on May 6, 2015, KRW 266.6 million shall be paid, and if the payment date is violated, the statutory overdue interest under the Commercial Act (20% per annum) shall be calculated and paid” (hereinafter referred to as “the instant statement of payment”).

Defendant, E, and F signed and sealed the letter of payment in this case as a joint guarantor.

(2) On September 24, 2015, B drafted a statement of direct payment of subcontract consideration that “B’s attempted cost of the main construction work is KRW 330 million, and the Plaintiff would have attempted to directly pay the outstanding amount of KRW 70 million out of the instant contract price to the Plaintiff.”

C. From October 16, 2014 to June 11, 2015, the Defendant: (a) remitted the sum of KRW 3.74 billion to B from October 16, 2015, and (b) paid KRW 3.344 billion in total upon transfer of KRW 200 million from B on October 16, 2014 and October 31, 2014; and (c) substantially paid KRW 3.34 billion in total.

Defendant also;

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