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(영문) 수원지방법원평택지원 2016.03.23 2015가합1200

공사대금

Text

1. The Defendant’s KRW 162,069,00 for the Plaintiff and KRW 5% per annum from February 3, 2016 to March 23, 2016.

Reasons

1. Basic facts

A. On September 27, 2014, the Plaintiff concluded a construction contract with the Defendant for the construction of a studio on the ground of Pyeongtaek-si (hereinafter “instant construction contract”) (hereinafter “instant construction contract”).

The main contents are as follows:

The name of construction: The period for construction of studio-built construction works: the period for commencement on October 1, 2014 and the period for completion on January 30, 2015: the payment of KRW 480,000 (excluding value-added tax of KRW 48,00,000): Advance payment of KRW 100,000: Within 15 days after concluding the contract - The completed payment of KRW 100,000: At least once a month and within 15 days from the date of receipt of the object (matters).

1. All kinds of authorization and permission expenses, deposit money, and gas draining works, etc. shall be borne by the defendant;

(Land water), (Separate Appointment of Retaining Walls)

2. Air-containers, refrigeratings, and washing machines (the defendant's burden);

3. Amount of KRW 100 million paid once and KRW 100 million paid twice in the fourth floor as at the time the frame of the second or upper floor is completed;

4. Any balance paid within 15 days after the completion of construction works.

B. On March 10, 2015, the Defendant written a payment note stating that “The Plaintiff will immediately pay KRW 298,365,000,000 in total, including KRW 220,365,000 and KRW 220,000,000, value-added tax, KRW 49,000,000,” and KRW 298,365,000 after completion of the construction work.”

C. 1) The Plaintiff is the Defendant (or the name “F” before three names, and the former owner of the instant construction site.

(2) As to the instant construction project, the Plaintiff was paid KRW 366,00,000 in total as follows. On May 9, 2014, Defendant 48,000,000 on May 27, 2014, at the time of payment, paid KRW 48,000,000 for Defendant 1,50,000 on May 31, 2014; Defendant 14,000,000 won on June 24, 2014; Defendant 270,000,000 won for the instant construction site and KRW 30,000 from D on November 11, 204; Defendant 15,000,000 for the instant construction site and housing owned by Defendant; Defendant 30,000,000 won for the instant construction site and housing owned by Defendant; Defendant 30,00,000 won for KRW 30,005,37,000.