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(영문) 광주지방법원 순천지원 2018.01.25 2016가합890

공사대금 등

Text

1. The defendant,

A. As to KRW 3,246,408,626 and KRW 1,90,793,590 among the Plaintiff (Appointed Party) and its 3,246,408,626 and the Plaintiff’s 1,90 among them, December 15, 2017.

Reasons

1. Basic facts (applicable for recognition: Facts without dispute, Gap's subparagraphs 1 through 9, 12 through 15, 52, 56 through 75, 78 (including paper numbers, hereinafter the same shall apply);

(ii)each description or image of Eul evidence 1 to 6, 9 to 14, a witness’s partial testimony, and the purport of the whole pleadings);

A. (1) On March 29, 2012, the Defendant entered into a contract with the Plaintiff, the Korea Development Bank, the Mine Construction Bank, the Mine Construction Bank, and the Corporation shares each 7:2:1, respectively, to enter into a contract for civil engineering works, landscaping works, and electrical construction works (hereinafter referred to as the “instant construction works”) of the Mineyang New Industrial Complex Development Project, the price of which is 27,753,30,000 won, and the period from April 4, 2012 to April 3, 2015, and thereafter entered into a contract with the Plaintiff and the designated parties to enter into a contract to enter into a contract with the Plaintiff with the share of the construction works as 8:2, and to enter into a contract with the Plaintiff for the entire electrical construction works and each contract with the Plaintiff (hereinafter referred to as the “instant construction contract”).

(2) On January 29, 2016, the Defendant finally concluded a contract with the Plaintiff, the Selection, and the 21,539,90,000 won for civil engineering works, and the 1,226,70,000 won for landscaping works, and the period until January 31, 2016, ② the Plaintiff and the 1,24,890,000 won for electrical construction works, and the period until January 31, 2016, respectively.

Article 2 (Payment of Preferential Charges) The defendant shall require the plaintiff and the selected person to bear the expenses incurred in performing the construction works, such as compensation, office operation expenses, and government-funded materials expenses.

In such cases, the defendant shall issue a payment notice by determining the amount to be paid and payment date, and the plaintiff and the selected person shall pay it in cash within the payment

Article 4 (Advanced Money, etc.) (1) The plaintiff and the designated person may claim the price for advance and advance payment even during the period of project.

Provided, That the amount of claim shall not exceed the amount of proceeds from sale in recompense for development outlay.

(2) The defendant shall pay advance payment, progress payment, etc. during the construction period in cash, which is difficult to pay in cash.