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(영문) 서울남부지방법원 2017.11.23 2017가합102588

공사대금

Text

1. The primary Defendant B’s worth KRW 147,00,000 and the year from March 25, 2017 to November 23, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On December 22, 2015, the Plaintiff entered into a contract with Defendant B regarding the new construction of the Guro-gu Seoul District Gas station (hereinafter “instant gas station”) (hereinafter “new construction”) (hereinafter “instant new construction”). On December 22, 2015, the Plaintiff entered into a contract under the following terms and conditions (hereinafter “instant contract agreement”).

1. The name of the construction: Guro-gu E and F gas station new construction works;

2. Place of construction: Guro-gu Seoul Metropolitan Government E and F;

3. Date of commencement: February 17, 2016, and the date scheduled for completion: June 29, 2016: Contract amount: KRW 750,000,000 (excluding value-added tax).

6. Total contract amount (including value-added tax): 825,000,000 won;

7. Advance payment: 82,500,000 won (in summary) which is the name of the representative of the Guro-gu Seoul Metropolitan Government E and F, the contractor of the G K on December 22, 2015: K (in person)

B. On January 21, 2016, with respect to the instant newly built construction, a contract agreement entered into between Defendant B and the following terms and conditions (hereinafter “the instant contract agreement”) under the name of L (hereinafter “L”) (hereinafter “instant contract”).

1. The name of the construction: Guro-gu E and F gas station new construction works;

2. Place of construction: Guro-gu Seoul Metropolitan Government E and F;

3. Date of commencement: January 28, 2016, and the date scheduled for completion: May 30, 2016: Contract amount: 1,110,000,000 won (excluding value-added tax).

6. Total contract amount (including value-added tax): 1,221,000,000 won;

7. Advance payment: 122,100,000 won (as soon as possible) on January 21, 2016, the name of the representative of Guro-gu Seoul Metropolitan Government, Guro-gu, and F: B (person) the representative director of the J building in Ansan-si, Seoul Metropolitan Government, which is a contractor, and the name of the representative of the E and F: K (person).

C. Around August 2016, the Plaintiff changed the scheduled date of completion from the terms of the instant contract agreement to “ May 30, 2016,” and changed the name of the company indicated as the contractor to “A (Plaintiff)” to “A” and demanded the Plaintiff to provide the Defendant B with a written contract signed by changing the name of the company indicated as the contractor to “A”, but the Defendant B affixed a seal.