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(영문) 인천지방법원부천지원 2017.12.13 2014가합8034

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 29,474,663 to the Plaintiff (Counterclaim Defendant) and its related amount from April 18, 2014 to December 13, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company that operates civil engineering construction business, etc., and the defendant is a company that operates welfare facilities for the aged.

B. On April 2, 2012, the Plaintiff entered into a construction contract with the Defendant and the Korea General Welfare Center (hereinafter “the instant building”) on April 2, 2012, with respect to the construction of the “Korea General Welfare Center” on the ground of 727, Gangdong-gu, Gangdong-gu, Seoul (hereinafter “Seoul General Welfare Center”) as the construction cost of KRW 4.277,350,000,000,000 per day), 3/100 of the liquidated damages rate, and September 30, 2012 (hereinafter “instant construction contract”). The said new construction contract is called “the instant construction contract,” and “the instant construction project” on September 30,

(2) On January 18, 2013, the Plaintiff provided the Defendant with documents on the approval for use of the instant building, including the completion drawing, and the instant building was approved by the head of Gangdong-gu on February 1, 2013.

From February 15, 2013, the defendant operates a medical care center in the building of this case.

C. On November 25, 2013, the Defendant agreed to the following terms: (a) additional agreement; (b) the Defendant entered into an agreement:

(hereinafter referred to as the “instant agreement”). The project owner for the confirmation of the completion of the non-construction agreement: The name of the Plaintiff: The Defendant’s site: The new building of the Korea Welfare Complex in Gangdong-gu Seoul Metropolitan Government.

1. Although the time of completion of new construction works at the above address was dated September 30, 2012, the construction remaining after November 26, 2013 after completion shall begin and complete until January 20, 2014, and the construction requested for defects and defects so far shall continue to be completed.

2. Macccc, automatic control, boiler will operate normally so as to be driven respectively, and deduct the daily amount of KRW 10,000,000 from the daily amount of money to be paid for the reservation amount and the balance (payment passbook verification).

Provided, That at the same time as the seal of the written agreement and the authentication, the owner of the building (the defendant) shall give priority to the contractor (the plaintiff) out of the checks prepared to bring the balance and the reserve money to the contractor.

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