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(영문) 수원지방법원성남지원 2017.11.17 2016가단25347
공사대금
Text

1. The Defendant’s KRW 20,762,610 for the Plaintiff and KRW 6% per annum from June 1, 2016 to November 17, 2017.

Reasons

B, C, and D’s office’s determination of the claim for the construction cost was awarded to the Plaintiff, and the Plaintiff completed the said construction by May 31, 2016. The fact that the Defendant did not pay KRW 14,805,000 out of the construction cost is no dispute between the parties, and according to each of subparagraphs B-1 and B-2, the Defendant paid KRW 12,00,000,000 in total as of October 1, 2016, and KRW 12,00,000,000 as of November 7, 2016, respectively. The remainder of the construction cost is KRW 2,805,000 (=14,805,0005,000).

The Plaintiff asserted that the claim of the judgment party regarding the claim for the payment of the E interior work was made by the Defendant and filed a claim for the payment of KRW 17,957,610 (including value-added tax) for the unpaid construction cost, and the Defendant did not make any additional contract for the E interior work to the Plaintiff, and the Plaintiff did not have any obligation to pay the construction cost as the Plaintiff received an individual contract from the owner.

Judgment

Comprehensively taking account of the overall purport of the arguments in Evidence Nos. 2-1, 2, 3, 5, 7, 9, and 10, the Plaintiff: (a) registered the business under the name of the spouse F; and (b) operated the te-mail Corporation; (c) on April 5, 2016, the Plaintiff transferred the said Corporation to Sungnam-gu, Sungnam-gu, Seoul; and (d) operated the te-mail Corporation under the name of the “J”, which had registered its business from that time; (d) the Plaintiff ordered the Plaintiff to receive 88,00,000,000 won for the construction cost of the E- commercial housing remodeling project from the Defendant on August 1, 2014; (e) the Defendant’s employee K sent the Plaintiff the current status of the construction and e-mail contracted by the Defendant to the Plaintiff on November 17, 2015; and (e) the additional construction cost of the E-mail Corporation 10,300,000.

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