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(영문) 수원지방법원안양지원 2017.07.20 2016가합474
공사대금
Text

1. The Defendant’s KRW 420,000,000 as well as 6% per annum from April 12, 2017 to July 20, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around August 2010, the Defendant contracted to Nonparty C Co., Ltd. (hereinafter “C”) for a large-scale repair work in Incheon Jung-gu (hereinafter “instant construction work”). C then contracted to Nonparty C for a parking lot reinforced concrete, non-party 1, non-party 1 (hereinafter “the instant prime contract”) for a construction work, non-party 1, a water control work, and a water control work (hereinafter “the instant prime contract”) in order from Akylle Co., Ltd. to Akylle Co., Ltd., a corporation, a Bosco Construction Co., Ltd., a Bosco Co., Ltd., acheon-gu Co., Ltd., a corporation, acheon-gu Co., Ltd., Ltd., a corporation, and

B. On July 7, 2011, the Plaintiff contracted for construction of reinforced concrete construction works (hereinafter “instant subcontracted construction”) among the instant prime contract construction works by setting the construction cost of KRW 571,000,000 (excluding value-added tax) and the construction period from July 7, 201 to August 31, 2011.

C. On August 30, 201, the Defendant drafted and issued a written confirmation of the fact that “The payment of the instant written confirmation shall be made on September 8, 2011, to the flag height, which was generated by reinforced concrete construction works being constructed at the Mamacro, among the E parking lot renovation works” (hereinafter “instant confirmation”).

Around March 28, 2017, 190, 420,000 won, among the original contract price claims of this case that AmamaC had against the Defendant based on the instant confirmation document, were transferred to the Plaintiff, and thereafter notified the Defendant of the fact of transferring the said claim by content-certified mail.

(hereinafter referred to as “acquisition of claim of this case”). / [Grounds for recognition] The entry in Gap’s Evidence Nos. 2, 3, 5, 17 through 19 (including the relevant number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. (1) As to the claim for the acquisition of the instant claim, the Plaintiff’s (1) based on the instant written confirmation, and the Defendant’s (hereinafter referred to as the “instant original contract”).

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