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(영문) 인천지방법원부천지원 2019.01.16 2018가단101491

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 76,756,181 as well as 15% per annum from February 6, 2018 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs the artificial park construction business under the trade name of “C”, and the Defendant is a corporation that runs the construction and construction design business.

B. On March 18, 2015, the Defendant was awarded a contract with D (hereinafter “D”) for the removal and restoration of the fourth floor of D’s ground and the eighth floor of D’s ground located in Jung-gu Seoul Special Metropolitan City, Jung-gu. The content is as follows:

C. The Plaintiff from March 30, 2015 to the same year

5. By June, the Defendant was awarded a contract for wooden works, metal works, floors, and glass works (hereinafter “instant works”) among the above works.

The terms and conditions of the contract between the Plaintiff and the Defendant regarding each item of the instant construction are as follows.

(1) A period for construction of wooden works: 53 days from the date of commencement - The scheduled date of completion - May 18, 2015: The amount of direct construction works: 60,000,000 won: 15,000 won when the payment period for the direct construction works is made and the payment period for the amount classified into the direct construction works: 5,000 won when the payment period is made within 25% from the contract date, and 5,000 won when the payment period is made within 30 days from the contract date, and 5,000,000 won after April 30, 2015; 25% from the balance 15,00,000 won and 25% on May 30, 2015; and 60,000,000 won and 100% on the basis of the end of each month.

(2) The construction period for metal works: 53 days from the date of commencement - The scheduled date of completion: April 6, 2015: The date of completion: 58,00,000 won under the direct construction contract on May 18, 2015, and the timing of payment for the direct construction contract amounting to KRW 15,000,000 and the timing of payment for the amount of payment for the direct construction work and the timing of payment for the amount of payment for the method of installments 28% within three days from the contract date: 47% from the intermediate payment of KRW 25,00,000 for the intermediate payment of KRW 12,727,273 won on April 30, 2015; and 25% from the remainder of KRW 52,727,273 won on May 30, 2015.

(3) Construction period: 11 days from the date of commencement - the scheduled date of commencement: May 7, 2015 - the scheduled date of completion: 2015

5. 18. Direct Construction Costs: 23,000,000 Won 38 per cent when advance payments are made in proportion to the amount to be paid in 58,00,000.