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(영문) 서울남부지방법원 2015.05.14 2014가합10213

공사대금

Text

1. The defendant shall pay to the plaintiff KRW 375,782,976 out of KRW 386,60,462 and the above money from May 8, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. On October 9, 2012 between B and C, the Defendant drafted a written agreement on the construction project of the Franchi Complex with which the Guro-gu Seoul Metropolitan Government D and E Institute will undertake the construction project with the following contents:

1. With respect to the Fran Complex Construction Project, the above land-owned owners (B, C) “A” refers to a co-owner A who is entitled to participate by inserting the term “A” and inserting all other required funds.

2. The nature of the contract in question is to provide for the obligations of “A” and “B”, which is due and payable to the land provider A by the building construction business operator B in the course of the project in question with Party A and B.

10. Income tax and various other taxes and charges accruing from the Project shall be borne by the “B”.

17.B is wholly responsible for payment of the subcontract price to a third party to this project because it is related to the construction and on-site.

18.In the implementation of this project, Gap shall not bear all the costs of the project other than the cost of providing land, such as civil petition, supervision, and admission fees, and all the costs of the project shall be borne by Eul.

B. On January 18, 2013, the Plaintiff entered into a contract for construction works with the Defendant, B, and C with respect to the Franchi Complex Construction Project (hereinafter “instant construction works”) as follows (hereinafter “instant contract for construction works”).

In promoting the instant construction project in Guro-gu Seoul Metropolitan Government D, this contract is concluded between the contractor B, C, and the defendant (hereinafter referred to as "A") and the contractor (hereinafter referred to as "B") and shall endeavor to implement the contract in good faith.

Article 5 (Amount of Contract for Construction Work) (1) The amount of contract for construction work shall be KRW 3 billion per day (excluding additional tax).

The final construction cost shall be increased or decreased and adjusted in accordance with the total floor area of the authorization and permission office.

(2) A shall be paid to B.