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(영문) 광주지방법원 목포지원 2018.08.08 2017가단51588

약정금

Text

1. The Defendant’s KRW 15,133,600 as well as annual 5% from June 6, 2015 to August 8, 2018, and the next day.

Reasons

1. Facts of recognition;

A. The Defendant entered into a contract on the comprehensive construction of a limited liability company (hereinafter “the comprehensive construction of a single-use company”) and Sinpo City A (hereinafter “the instant construction”) with respect to the instant construction as indicated in the following table:

The contract price for the first installment contract on October 4, 2013: (a) KRW 4,277,357,347,90 of the first revision contract on June 13, 2014; (b) KRW 4,90 of the second revision contract on April 22, 2015; (c) KRW 4,901,487,80 of the second revision contract on May 22, 2015; (d) KRW 4,659,959,690 of the last revision contract on August 6, 2015;

B. On November 18, 2014, the Plaintiff and the instant construction entered into a subcontract for a construction contract with the construction cost of KRW 144,733,600 (including value-added tax), the payment method of the subcontract price for the place of order, and the construction period from November 20, 2014 to March 31, 2015, with respect to the machinery and equipment construction of the instant subcontracted construction (hereinafter “instant subcontracted construction”).

(hereinafter referred to as “instant subcontract”). (c)

On November 18, 2014, the Plaintiff and Japan Comprehensive Construction agreed to pay the Plaintiff the subcontract price corresponding to the portion executed by the Plaintiff among the subcontracted projects in this case, and that the Defendant shall directly pay the Plaintiff the subcontract price, and signed and sealed an agreement on the direct payment of the subcontract price with the following contents:

(hereinafter referred to as “instant direct payment.” The Plaintiff of the Plaintiff of the comprehensive construction subcontractor on the daily basis of the contractor’s construction contract amount of KRW 4,277,357,90 during the contract period from June 13, 2014 to April 13, 2015, among the subcontracted construction works under the name of the construction works, when the direct payment agreement on the subcontract price for the construction works was promulgated, under the title of the original contract for the construction works. < Amended by Presidential Decree No. 25769, Nov. 20, 2014; Presidential Decree No. 25804, Apr. 13, 2015; Presidential Decree No. 25779, Nov. 20, 2014; Presidential Decree No.

1. In the above comprehensive construction and subcontracting contract between the plaintiff, I agree between the defendant, the first comprehensive construction, and the plaintiff that the plaintiff shall pay the subcontract price corresponding to the portion executed by the plaintiff directly to the plaintiff pursuant to Article 35 (2) of the Framework Act on the Construction Industry.

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