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(영문) 서울고등법원 2019.09.04 2019나2011676
공사대금 청구의 소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 3, 2016, the Plaintiff entered into a contract for the instant construction project and the progress of the construction project, with the Defendant, for the construction cost of KRW 440,00,000 (excluding value-added tax), from March 10, 2016 to July 20, 2016; for the construction period of KRW 0.05% of the unpaid balance as of the date of completion of the contract on the date of completion of the contract; for the delay compensation of KRW 1/1,000 of the remaining construction cost as of the date of completion of the contract for the delay compensation of KRW 20,000 (after the date of payment of the remainder of the construction cost). On April 27, 2016, the Plaintiff entered into an additional contract for the construction cost of KRW 20,00,000 (value-added tax).

(hereinafter referred to as “instant contract for construction work” together with the said contract. (b)

On October 23, 2018, H received the seizure and collection order of the Plaintiff’s obligees’ claim for the construction cost of this case from the Defendant as Seoul Central District Court 2018TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT 2017Gahap37497 (No. 2016,254) and the Defendant, as Seoul Central District Court 2018TTTTTTTE 2018. The above seizure and collection order was served on the Defendant on October 26, 2018. 2) On February 1, 2019, H received the above collection order from the Plaintiff against the Defendant by the Seoul Central District Court 2017TTTTTTTTTTTTTTTTE 37497 (No. 2018s. 502784) from the Defendant to the Seoul Central District Court 20197.2719.

3. On April 10, 2019, J Co., Ltd. up to KRW 4,373,790 out of the total amount to be paid by the Plaintiff to the Defendant as the price for the instant construction work.

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