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(영문) 의정부지방법원 2016.09.08 2016가합25

공사대금

Text

1. The defendant shall pay to the plaintiff (appointed party) A KRW 86,80,000, KRW 26,000 to the Appointed B, and KRW 10,420,00 to the Appointed C.

Reasons

1. Presumed factual basis

A. The Defendant, including the instant construction, and the G lent Joint Reconstruction Association, and the new and post-development company are the joint project undertakers of G lent-Co reconstruction project that newly constructs “seven households of apartment on the underground floor and the eight-story floor above the ground” on the ground of 591m2 in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, and one parcel (hereinafter “instant construction”).

B. The Defendant, including the conclusion of a subcontract, entered into a subcontract agreement with the Plaintiff A (Appointed Party; hereinafter the “Plaintiff”) regarding the instant construction and installation works with respect to the Selection C, the wall and metal construction works, with respect to the Selection C, the Selection Co., Ltd., the Selection Co., Ltd., and with respect to the Appointer D, the Selection Co., Ltd, as to the Appointer D, and the C, and the C, with respect to the electrical construction and electrical construction of the Appointer Co., Ltd., the Selection Co., Ltd., and the Appointer E and the C, respectively, entered into a subcontract (hereinafter the “each of the instant subcontract”).

(2) Around April 2015, the Plaintiff et al. completed construction works under each of the instant subcontract agreements and additional construction works under the Defendant’s orders. On August 28, 2015, the Defendant prepared a written confirmation of “the confirmation that the construction cost unpaid to the Plaintiff et al.” (hereinafter “instant confirmation”) and issued it to the Plaintiff et al.

The unpaid construction cost for the plaintiff et al. stated in the letter of confirmation of this case shall be as follows:

A 86,800,000 won for the construction work due from the No. 1 of the Plaintiff et al. al. 1 A 2 B 26,000,000 won 3 C 111,00,000,000 for the gold Chang Ho Construction Industry 4 Co., Ltd. 5 Da 53,130,000 won 6D 74,700,000 won 70 Won 8,900,000 for Indian Electrical Construction Co., Ltd. 8, 86,800,000 won 8,250,000 won 9 F 28,000,000 won 10,000 won [based on recognition], there is no dispute over the dispute.