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(영문) 부산지방법원 2017.03.08 2017가합40163

공사대금

Text

1. The Defendant’s KRW 433,400,000 as well as 6% per annum from November 26, 2016 to January 12, 2017 to the Plaintiff.

Reasons

1. Indication of claim;

A. The plaintiff and the defendant are corporations running construction business, and the plaintiff is directly operated by the defendant.

B. On July 31, 2015, the Plaintiff entered into an agreement on the performance rates of the working group directly determined as KRW 4,655,800,000 (hereinafter “Agreement”) on the construction site of the second section of the construction site of earth and structures among the alternative bypassing construction sites of earth and structures located in the Si/Gu-U.S.-U.S.-Eup (Gu-U.S.-U. 2).

The method of payment under the above agreement is that the cost of materials and equipment shall be paid in cash or in bills on the 25th of each month after the settlement of accounts at the end of 40 days, and the cost of labor shall be paid on the 15th of the following month by settling accounts at the end of the 30th of

On January 29, 2016, the Plaintiff entered into a modified contract with the Defendant to change the amount to KRW 7,740,000,000.

C. On October 5, 2015, the Plaintiff performed part of the structure construction works among the construction works for building structures between the construction works for building and the construction works for building the roads from the Singu-si, Changwon-si. The Plaintiff determined the amount of direct performance and salary as KRW 8,800,000. The method of payment was the same as that of the first agreement (hereinafter “the second agreement”).

Although the Plaintiff requested the Defendant to pay the materials and equipment installation cost, labor cost, etc. incurred pursuant to the agreement under Articles 1 and 2, the Defendant did not comply with such request, and requested the Defendant to re-paid the amount of KRW 213,40,000 in total (including value-added tax; hereinafter the same shall apply) and KRW 220,000 in total with respect to the agreement under Articles 1 and 2 on November 25, 2016, but the Defendant did not pay the above construction cost up to now.

E. Therefore, the Defendant’s total amount of KRW 433,400,000 (i.e., KRW 213,400,000) paid to the Plaintiff and its total amount of KRW 220,000) as sought by the Plaintiff after the due date under the agreement between the Plaintiff and the Plaintiff under the agreement between the Plaintiff and the due date under the agreement between the Plaintiff and the Plaintiff. < Amended by Presidential Decree No. 2