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(영문) 서울서부지방법원 2019.06.07 2018가단232488

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 47,410,00 and interest rate of KRW 15% per annum from September 1, 2018 to the date of complete payment.

Reasons

1. Facts of recognition;

A. (1) On August 2, 2017, the Plaintiff is a construction work for manufacturing, selling, and installing an elevator among the new construction works of the Fmedical Complex Facilities 1 on the ground of the Yongsan-si E (hereinafter “the first construction work”).

(i) 171,600,000 won (including value-added tax; hereinafter the same shall apply) for the amount of construction;

(ii) payment period (which means the date of completion inspection of the main facilities of an elevator);

hereinafter the same shall apply.

) When concluding a contract by determining November 10, 2017, KRW 51,480,00 for down payment, KRW 102,960,00 for intermediate payment, and intermediate payment, KRW 102,960,00 for intermediate payment, when bringing into the site of main materials (when bringing into the site or at the place designated by the Defendant).

hereinafter the same shall apply.

The remainder KRW 17,160,000 agreed to be paid at the time of applying for a completion inspection. ② The construction work for manufacturing, selling, and installing elevators among the construction work for the two new construction works for the Fmedical Complex Facilities at the above place (hereinafter referred to as “the 2nd construction work”).

As to the construction amount, KRW 169,40,00, and KRW 50,820,000 for the payment period as of November 30, 2017, when entering into a contract, the contract was agreed to receive KRW 16,940,00 for the remainder when entering the site of main materials at the time of applying for a completion inspection, and KRW 16,940,00 for the remainder when entering the site of main materials at the time of applying for a completion inspection, and ③ the manufacture, sale, and installation of elevators (hereinafter referred to as “three (hereinafter referred to as “the manufacture, sale, and installation”) among the construction works for the three new construction works of the F Medical Complex Facilities at the above place as of November 3, 2017.”

As to the construction amount, KRW 133,100,00 and KRW 39,930,000 as of November 30, 2017, when entering into a contract, the contract amount was agreed to receive KRW 13,310,00 as at the time of entering the site of main materials, the remainder of KRW 13,310,00 as at the time of applying for completion inspection (hereinafter collectively referred to as “each of the above contracts”).

2) The main contents of the instant contract are as follows.

Article 1 (Details of Contracts)

6. Conditions for payment of price;

A. Even if the commencement (referring to bringing the main material into the site) of the instant construction is delayed due to the delay in construction by the Defendant, the Defendant is subject to the Plaintiff’s construction work.