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(영문) 인천지방법원 2014.05.21 2013가단69759
공사대금
Text

1. The defendant shall pay to the plaintiff KRW 60,000,000 as well as 6% per annum from June 1, 2011 to September 9, 2013 and from the next day.

Reasons

1. Basic facts

A. On April 14, 2010, the Plaintiff, who is engaged in the construction business under the trade name “B” between the original Defendant and the Defendant (hereinafter “instant construction contract”) entered into a subcontract (hereinafter “instant construction contract”) with the Defendant and Sungju Construction Co., Ltd. for the purpose of the golf franchise business, the housing construction business, etc. (hereinafter “ Sungju Construction”) by designating the construction amount as KRW 880 million (including value-added tax) with the Defendant, subcontractor, subcontractor and the subcontractor as the Plaintiff (hereinafter “instant construction contract”).

Since then, the price for the instant construction contract was changed to KRW 990 million (including value-added tax) according to the agreement on the construction of the original defendant and the Sungju Construction following the extension of the instant facilities.

B. The Plaintiff completed the instant construction on or around March 201, 201, and the Plaintiff sent a written consent to the completion of the construction works and to the direct refusal of the Sungju Construction. However, around that time, the Plaintiff was paid KRW 880,000,000 as the construction price from Sungju Construction, and did not receive the remainder of KRW 110,000,000.

around February 2012, Sung-ju Construction: (a) signed a written consent of direct payment that the Plaintiff agrees to receive the remainder construction cost of KRW 110 million from the Defendant who is the ordering person, and sent the said document to the Defendant; and (b) around that time, the said document reached the Defendant.

C. On February 6, 2012, the Plaintiff filed an application for provisional attachment of the first claim against the Defendant, and the Defendant’s partial payment order against the Defendant, the Plaintiff filed an application for provisional attachment of the claim amounting to KRW 110 million among the claim for the construction cost owed by the Defendant against Seocheon-si (Seoul District Court Branch Branch Branch Decision 2012Kahap93), and the provisional attachment of the claim on February 17, 2012.

In addition, on February 16, 2012, the Plaintiff filed against the Defendant the remainder of the construction price of this case 110 million won.

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