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(영문) 부산지방법원 2017.09.28 2016가단343738
공사대금
Text

1. The defendant shall pay 136,400,000 won to the plaintiff and 15% per annum from September 30, 2016 to the day of complete payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. On April 27, 2016, the Plaintiff asserted that the Plaintiff completed the Plaintiff’s construction by entering into a contract for the incidental construction and the interior construction (hereinafter “instant construction”) of the “Dice Golf Course” (hereinafter “Dice Golf Course”) in Jeju Island from B, and the Plaintiff did not pay KRW 136,400,000 to the Plaintiff.

(hereinafter referred to as “the instant construction cost obligations.” However, as Defendant Company, the representative of B, concurrently assumed the instant construction cost obligations against the Plaintiff, the Defendant Company is obligated to pay the Plaintiff the remainder of the instant construction cost.

(b) Fact of recognition;

(1) On April 27, 2016, the Plaintiff drafted a written contract with the construction cost of KRW 310 million (excluding value-added tax) and the construction period from May 4, 2016 to July 10, 2016. B written contract with the ordering person column of the said contract, and attached B’s corporate seal on that side, but the business number column stated B’s resident registration number in B, and the address was also indicated in B’s resident registration number.

(hereinafter “instant construction contract”). The Plaintiff completed the instant construction work within the construction period, and the construction cost that was not paid is KRW 136,400,000.

B. Since July 10, 2016, the instant golf driving range was registered as a business operator under B, and the Plaintiff issued a warranty insurance policy that provides the insured from Seoul Guarantee Insurance Co., Ltd. to B on August 18, 2016, after completion of the instant construction.

Secondly, between May 18, 2016 and July 7, 2016, Defendant Company remitted total of KRW 204,600,000 to the Plaintiff as the construction cost of the instant construction nine times.

In addition, the Plaintiff issued the tax invoice related to the instant construction in the name of the Defendant Company at the request of the Defendant Company B.

x. The plaintiff raises objection.

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