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(영문) 의정부지방법원 2018.08.16 2016가합1851

공사대금

Text

1. The Defendant: KRW 175,980,00 for the Plaintiff and KRW 5% per annum from July 20, 2016 to August 16, 2018; and

Reasons

1. Basic facts

A. The Defendant contracted two weeks to B Co., Ltd. (hereinafter “B”) the construction of one unit of urban residential housing and neighborhood living facilities on the ground of C, and B subcontracted the electrical construction part among the said new construction works to the Plaintiff.

B. B, while the said new construction project was in progress, suspended the construction due to reasons such as financial shortage.

C. Accordingly, on July 26, 2012, the Plaintiff and the Defendant shall notify the name of the contract: “Contract: Urban Residential Housing (Electric Construction), construction period: from February 20, 2012 to January 10, 2013; Contract amount: KRW 360,000,000, additional tax separate terms and conditions: 1) Dongducheon-si D and E-Ba 201, which are located in the construction in the F of the Dispute Settlement Co., Ltd. F of the Deposit Bank and the E-Ba 201 as the contract deposit for sale completion. (2) After consultation during August 2012, it shall be deemed that the construction contract (hereinafter “instant construction contract”).

(D) On the other hand, the Plaintiff and the F Co., Ltd. (hereinafter “F”).

) The name of the contract: Gdong Construction (Electric Construction), construction site: D, E, and construction period: from May 1, 2012 to July 30, 2012, contract amount: 63,580,000 won (Py 170,000 won x 374py), additional tax separate, and payment of the price: The balance shall be paid KRW 20,000,000 after the electrical subscription. The balance shall be settled after the completion: A construction standard subcontract: F representative H, and contractor. (The above contract shall be referred to as the “Gdong Construction Contract”).

E. B’s representative director, around November 17, 2014, entered into a subcontract to the Plaintiff for the portion of electrical construction among the newly constructed construction works for which the Defendant received a contract from the Defendant for the construction cost of KRW 360,000,000, and the Plaintiff completed the said electrical construction.

B and the Defendant did not pay the construction cost to the Plaintiff, and even did not receive the said electrical construction cost from the Defendant.

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