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(영문) 서울동부지방법원 2018.05.30 2016가합110909

공사대금

Text

1. The defendant is against the plaintiff and the plaintiff

A. At the same time, a promissory note Nos. 1 in the separate sheet is returned.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter referred to as “D”, and “stock company” is omitted with respect to other companies), on August 7, 2015, was contracted for E construction from metal chemistry, and on August 21, 2015, subcontracted to the Plaintiff the part of pipeline construction (hereinafter “instant construction”) during the instant construction to KRW 2,728,340,000 of the construction cost.

B. D, on July 5, 2016, partially divided the Defendant into a company and established the Defendant, and comprehensively transferred the rights and obligations regarding the construction business, including E Corporation and the instant construction, to the Defendant with the consent of the Plaintiff and Fran Petroleum Chemical.

C. By November 30, 2016, the Plaintiff completed the instant construction work in accordance with the drawing that was received from the Defendant.

Since then, the construction work remains in accordance with the revised drawing, but the defendant's management situation has deteriorated and the plaintiff could not pay the construction price properly to the plaintiff, the plaintiff and the defendant considered that the construction work performed by the plaintiff on December 15, 2016 was completed on November 30, 2016, and agreed that the remaining construction work will be done directly by the defendant.

The Agreement of this case

3. A) The initial contract amount: the additional contract amount of KRW 2,728,340,00 (AT Map b): the contract amount of KRW 2,399,020,00 (VAT Map c): the contract amount of KRW 5,127,360,00 (VAT Map c): the contract amount of KRW 4,593,204,337 (VAT Map e): the remaining contract amount of KRW 534,15,63 (VAT Map e): the remaining contract amount of KRW 5,127,36,00 (VAT Map e);

4. Payment of the price: Payment in cash within five days as of the date of agreement on this agreement or by an electronic bill with a maturity of 90 days or less within 3 days.

(Provided, however, a discount on the date of payment in electronic bills shall be carried out, and shall be completed within five days, and both the responsibility for discount of bills and the expenses for discount shall be borne by the defendant). 6. If it is confirmed that a construction contract has been concluded and payment has been completed after the agreement, the lawsuit brought by mutual agreement (the lawsuit in this case) shall be withdrawn.

(Provided, That this Agreement shall be null and void in the event of a failure to meet the terms and conditions of payment of the price under paragraph 4).

D. The plaintiff and the defendant continue the lawsuit of this case.