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(영문) 서울동부지방법원 2015.05.15 2014가합102898

공사대금

Text

1. The Plaintiff:

A. Defendant B: (a) KRW 139,730,000, as well as 5% per annum from November 1, 2012 to October 23, 2014;

Reasons

1. Facts of recognition;

A. On September 20, 201, the Plaintiff concluded a construction contract (Evidence 4-1; hereinafter “instant construction contract”) with the owner of the building, Defendant B, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the studio housing (hereinafter “instant building”) with respect to the instant construction work (hereinafter “instant construction work”) for the construction cost of KRW 198,00,000 (including value-added tax) and the construction period from September 26, 2011 to December 26, 2011.

B. The following contents are stated in the construction contract document of this case and the special terms and conditions attached thereto.

Other matters such as the construction and the special contract for the exclusion of the external construction (excluding the separate contract) by the design drawing;

1. Construction by design drawings (one household per single household);

2. Construction (after completion of construction) disadvantageous to neighborhood life, office space;

3. Settlement: Each value-added tax for KRW 30 million in the first place, KRW 50 million in the second place, KRW 50 million in the third place, KRW 50 million in the fourth place, and KRW 50 million in the fourth place, respectively.

4. The amount of a detailed statement accompanying each field of construction work is approved by the owner;

5. External works shall be determined in accordance with the project owner's statement (by adding a specific degree of external works);

1. Unclaimed construction works: outer walls, fences, rooftop 10,700,000 won;

2. Pest construction works: 4,300,000 won;

3. Building works: 17,700,000 won (value-added tax of 1,770,000 won).

C. On September 1, 2011, the Plaintiff drafted a mutually agreed performance note (Evidence A 3; hereinafter “instant agreement performance note”) with Defendant D, the representative director of Defendant B and Defendant Company, as follows.

Three secretaries shall agree and sign and seal to implement the following matters:

1. The owner of the instant construction project, Defendant B, and D, perform all of the design and construction works in the instant construction project, and may not sell, establish, or seize the instant construction site from the construction contract date until the completion of the construction cost.

This is to assume all civil and criminal responsibilities in the event of the violation, and the construction cost.