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(영문) 부산지방법원 서부지원 2018.04.25 2017가단103748

공사대금 등

Text

1. Defendant KS Co., Ltd.: (a) KRW 131,00,000 and its amount from June 28, 2016 to May 1, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 10, 2015, the Plaintiff Company entered into a subcontract with the following contents (hereinafter “instant subcontract”). On November 10, 2015, the Plaintiff Company entered into a subcontract with Defendant Thai Construction Co., Ltd. (hereinafter “Defendant Thai Construction”) to obtain a subcontract for the construction of the main part of the construction of the sports facilities located in Taesi Construction.

Period: Payment of the price of KRW 280,500,000 on January 31, 2016, the completion of November 10, 2015;

(a) Advance payment: (1) Within 15 days from the date of receipt by the ordering person of KRW 100,000 (2) within seven days after the conclusion of the contract; and

(b) Part payments: 10 million won, and direct payment as ordered;

(c) Completion money: 80,500,000 won, and the direct payment of the ordering authority after completion of the work; and

B. Defendant KS Co., Ltd. (hereinafter “Defendant KS”) was the executor of the new construction of this case, and guaranteed the payment of the construction cost under the instant subcontract.

C. On January 31, 2016, the Plaintiff Company and Defendant Thai Construction integrated construction agreed to increase the construction cost under the instant subcontract to KRW 319,00,000,000, and the payment of the construction cost is subject to the instant subcontract with respect to the payment of the construction cost, and extend the construction period to April 30, 2016.

Defendant KS guaranteed the payment of the construction cost under the above agreement. D.

On the other hand, on April 18, 2016, the Plaintiff Company entered into a contract on the instant new construction works, under which the construction cost of KRW 22 million and the construction period from October 16, 2015 to April 30, 2016 are to be directly awarded a contract (hereinafter “instant additional construction contract”).

E. The Plaintiff Company completed all the instant panel construction, and the new building of this case was approved on June 27, 2016.

F. With respect to the instant panel construction, the Plaintiff Company: (a) KRW 110 million from Defendant K.S. on November 20, 2015; and (b) February 5, 2016.