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(영문) 의정부지방법원 2020.05.20 2017가합55763

공사대금

Text

1. The Defendant’s KRW 136,534,782 as well as 6% per annum from April 20, 2018 to May 20, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter referred to as “Co., Ltd.” in the name of the company omitted the entry) was awarded a contract for the construction of the E-trial training site ordered by D (hereinafter referred to as “D”) as an incorporated foundation on January 2017, and subcontracted the part of the E-trial training site construction to the Defendant.

B. On February 24, 2017, the Defendant, with respect to the construction of panel-style reinforced retaining walls (hereinafter “instant construction”) among the landscaping construction works, from February 24, 2017 to the Plaintiff during the construction period.

3. By the end of 20.20, the construction cost was determined as KRW 473,00,000 (including value-added tax; hereinafter the same shall apply) and re-subcontracted.

(hereinafter “instant sub-subcontract”). The instant sub-subcontract includes the following matters:

A Agreement on Construction Works (Evidence 1)

1. Project owner: The name of the prime contractor: The construction of the E-Adjudication Training Site;

2. The name of subcontracted project: Panel-style retaining wall construction works among projects for building E-trial training centers;

6. Payment of the price;

(c)in accordance with the terms and conditions of adjustment and payment within 30 days from the date of adjustment by the ordering person; 2) payment within 15 days from the date of receipt by the ordering person; 11. Special Terms and Conditions 1) the final quantity settlement terms and conditions 2) the unit price increase by the final delivery date in connection with the above delivery contracts.

6) In relation to the instant case, in the event that there is an employee, worker, customer, and tax and public charges of B, the Party A consented to the direct payment of the delayed payment within the scope of the remaining amount of the Party B’s payment without objection. In this case, Party B shall submit A a tax invoice and wage table by recognizing the direct payment as the receipt of the remaining amount of the direct payment.

C. The Plaintiff completed the instant construction on April 8, 2017, and F, a construction supervisor of D, as of May 15, 2017, is completed with the purport that “F recognizes that the construction was performed without being in accordance with the design documents, specifications, and other agreement” as to the entire construction project for the training site development project.