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(영문) 수원지방법원 여주지원 2018.10.17 2017가합5586

공사대금

Text

1. As to the Plaintiff’s KRW 223,480,00 and KRW 169,880,00 among them, the Defendant shall pay to the Plaintiff KRW 50,000 from June 13, 2017.

Reasons

Facts of recognition

Around August 2015, the Defendant contracted the construction of two detached houses (hereinafter “instant building”) to C (hereinafter “instant construction”) on the land located in the Innju City/Do, and paid a total of KRW 20,480,000 from September 4, 2015 to November 25, 2015.

However, C did not perform the instant construction, and the Defendant, around November 30, 2015, contracted the instant construction to the Plaintiff, who had been to perform the instant construction with C along with C, with the following content.

Details of a contract for construction works: Construction works - Construction cost of KRW 4 million per square meter (excluding value-added tax): 29 square meters x 4 million x 2.2 million x 2. Dong x 2.32,000,000 won (contract payment): Direct construction and material support (off-handling part from construction cost) on the part of the project owner: 10,000 won per square meter (29 square meter x 1.550,00 won) for electrical construction: 1.50,00 won per square meter (29 square meter x 4.350,00 won): 1.37 million won per square meter (29 square meter x 1.377 million won) x 3.77 million x 3.77 million x 1.370,000 x 3.77,000 x 2. monthly wood product (E) monthly - monthly strawing for construction works: To complete the completion loan settlement.

(in principle, the preferential construction cost shall be paid during the construction). In implementing the above construction, G between the defendant and his agent refers to "A" and the work executor refers to "B" and the contract shall be concluded as follows:

Article 1 The Plaintiff shall commence the said construction until October 28, 2015 and complete the construction until December 28, 2015.

(Completion Documents shall be received at the 15th day of December). The defect repair period of Article 10 shall be one year from the date on which the defendant delivered the completed construction purpose rate.

During that period, the plaintiff must manage the whole amount at any time in response to the request of the defendant, and deposit the warranty insurance policy or cash equivalent to 10% of the contract amount to the defendant in order to guarantee it.

By December 15 to 2015.