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(영문) 서울북부지방법원 2015.05.21 2013가합7220

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 41,422,208 and the interest rate of KRW 20% per annum from May 22, 2015 to the day of complete payment.

Reasons

1. Basic facts

1. The defendant shall subcontract the construction of this case directly to the plaintiff in a lump sum, and recognize that the plaintiff has the rights and obligations with regard thereto.

2. The progress payment shall be in the same time as the terms and conditions of the contract for the Southern Construction Project, the original contractor.

3. A part (13,00,000 won) of an amount equivalent to five percent of the amount of direct construction work within one day after the contract is made shall be paid to the defendant who is the plaintiff, and the remaining amount shall be paid at the time of receipt of the payment once.

4. The plaintiff shall pay the defendant the indirect cost, excluding the direct construction cost, when receiving each month.

9. Capital increase or decrease in accordance with the criteria for payment of 5% direct expenses to him/her at the time of increase or decrease in the design of a design;

(c) a.

1) On July 25, 2012, the Plaintiff: (a) the Defendant’s construction from the Defendant for Southern Construction Co., Ltd. (hereinafter “Seoul Heung Construction”).

2) Of the construction of a new urban residential housing unit, the construction of a new urban residential housing unit (hereinafter referred to as the “instant construction”).

(2) direct construction costs are 288,211,510 won (in addition to indirect costs, surcharges, and purchase tax), and a lump sum subcontract (hereinafter referred to as “instant contract”).

(2) The Plaintiff and the Defendant agreed to pay 95% of the direct construction cost paid by the Defendant to the Plaintiff in relation to the payment of the instant construction cost pursuant to paragraph (3) of the instant contract, and the remainder was brought to the Defendant.

B. The Plaintiff and the Defendant agreed to directly undertake the instant construction work on September 2012, but pursuant to the terms and conditions of the instant contract, 95% of the final direct construction cost that the Defendant received from Southern Construction in relation to the instant construction work is the Plaintiff’s share, and the remainder of the final direct construction cost and indirect construction cost are the Defendant’s share.

C. The Defendant’s total sum of KRW 250,50,000 to the Plaintiff during the period from October 10, 2012 to May 27, 2013.