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(영문) 인천지방법원 2019.06.25 2018가합2413

공사대금

Text

1. As to KRW 1,089,278,00 and KRW 759,650,00 among the Plaintiff, the Defendant shall start from May 16, 2018 to May 8, 2019.

Reasons

1. Facts of recognition;

A. On July 31, 2017, the Plaintiff concluded a contract (hereinafter “instant contract”) with the Defendant to receive a contract for construction cost of KRW 2,355,760,000 of the construction cost of the construction of a factory of the first and third floors above the ground level C in Nam-gu Incheon Metropolitan City (hereinafter “instant contract”).

The plaintiff and the defendant changed the construction contents by constructing a 1st underground floor and a 4th ground-based factory during the construction process, and agreed to proceed with additional construction works such as partitions.

B. Upon completion of the construction of a new factory under the instant contract, the Plaintiff obtained approval for use of the factory building on May 15, 2018.

C. On August 22, 2018, the Plaintiff lent KRW 150,000 to the Defendant, and the Defendant and the Defendant agreed to settle the amount that the Defendant is liable to pay to the Plaintiff, including the above loans and the additional construction cost, at KRW 2,594,650,00 (hereinafter referred to as “the first settlement agreement”).

) After the above settlement, the Plaintiff agreed to the total amount of KRW 2,774,278,00 (= KRW 2,594,650,000) that the Defendant shall pay to the Plaintiff, including expenses for removal of machinery and equipment and expenses for installation of machinery and equipment paid by the Defendant on behalf of the Defendant (= KRW 179,628,00), including expenses for removal of machinery and equipment and expenses for installation of machinery and equipment and expenses for installation of 179,628,00).

2. According to the above facts of determination as to the cause of claim, the defendant paid KRW 1,685,00,000 to the plaintiff from August 25, 2017 to September 7, 2018, which is the fact that the plaintiff received from the defendant at KRW 2,774,278,00,000, which is the amount of the final settlement agreement as above, to the plaintiff. The defendant paid KRW 1,685,00,00 to the plaintiff from August 25, 2017 to September 7, 2018. At the time of repayment, the loan claims except the original claim for the construction price under the contract of this case, or the plaintiff's right to demand reimbursement as to the expenses paid by the defendant on behalf of the defendant has not yet occurred or the due date has not arrived.