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(영문) 인천지방법원 2018.02.21 2017가합54356

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 275,00,000 and the interest rate of KRW 15% per annum from May 27, 2017 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff is a stock company A (hereinafter “A”) on February 18, 2016.

) In addition, the Plaintiff did not perform the instant construction work (hereinafter referred to as “instant construction work”) for the 15ton x 52kg of waste heat boiler (15ton) to A.

(2) From February 24, 2016 to October 31, 2016, A concluded a construction contract with the purport that “A shall pay the Plaintiff the construction price of KRW 1,140,000 (excluding value-added tax).” 2) The additional construction is required during the construction process. On November 22, 2016, the Plaintiff’s representative director, etc., A’s representative director, etc., the Defendant’s managing director, etc., the Defendant’s managing director, etc., attend a meeting and prepares the minutes of the meeting. At the time of the completion of construction, A shall pay the additional amount within one month after the completion of construction, and if A fails to pay or becomes incapable of paying the additional amount, the Defendant shall directly treat the Plaintiff and deduct the amount from the maturity (hereinafter “instant agreement”). The effect of such agreement was determined to take effect after consultation with A and the Plaintiff with respect to the additional construction amount.

3) On November 28, 2016, the Plaintiff and A determined all additional construction costs in relation to boiler and related ancillary installation works among the instant construction works, burners and boiler manufacture and installation works, as KRW 275,000,000, and agreed to pay them within one month after the completion of construction. 4) The Plaintiff completed all additional construction works including the additional construction work on January 11, 2017, and obtained confirmation of the completion of construction from Defendant A and A.

5) A does not pay additional construction costs even after one month has passed since the Plaintiff received a confirmation of construction completion. [The fact that there is no dispute over the grounds for recognition, each entry in Gap evidence Nos. 1 through 5, and the purport of the whole pleadings.]

B. According to the above facts of recognition, the plaintiff between the plaintiff, A, and the defendant within one month after the completion of additional works.