logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.12.23 2020가단76695
청구이의
Text

1. The defendant's case for construction work payment against the plaintiff was rendered on March 30, 2020, the Suwon District Court's Ansan Branch for the plaintiff.

Reasons

1. Basic facts

A. The Defendant filed an application for a payment order seeking payment of KRW 6,600,000 (including value-added tax) against the Plaintiff for the payment of the construction cost in the instant court 2020 tea735.

B. On March 30, 2020, this Court issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 6,600,000 and the amount calculated at the rate of 12% per annum from the next day of the delivery of the original copy of this payment order to the day of full payment.”

C. The original copy of the instant payment order was served on April 1, 2020 to the Plaintiff. The instant payment order was finalized on April 17, 2020.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff asserted that the cause of the Plaintiff’s claim was fully paid the construction price to the Defendant.

Therefore, there is no obligation for construction cost, which is the cause of the claim for the payment order of this case.

Therefore, I would like to seek the exclusion of the enforcement of the instant payment order.

3. Determination

A. Determination as to the existence of the Defendant’s claim for construction price. The following facts do not conflict between the parties, or are recognized in full view of the purport of the entire pleadings as to the entries in Gap’s evidence Nos. 4, 5, and 6 (including paper numbers) and Eul’s evidence Nos. 1 through 3. ① From February 2017 to May 2017, the Defendant is a new construction corporation at the Plaintiff’s construction site, and a Dtel construction work at the Plaintiff’s construction site and a dtel construction site (hereinafter “instant construction”).

(2) The Plaintiff agreed to pay the price for the instant construction work performed by the Defendant. (2) Furthermore, in full view of the purport of the entire pleadings in the statement in Evidence Nos. 4 and 5 (including paper numbers), and Evidence Nos. 1 and 3 as to the price for the instant construction work performed by the Defendant, the Defendant: (a) around February 2017, transferred the other parts of the Plaintiff, and was engaged in the instant construction work at the new construction site, and the said construction cost was totaled 25.

arrow