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(영문) 제주지방법원 2015.05.19 2013가단19044

공사대금 등

Text

1. The Plaintiff:

A. Defendant A and C are jointly and severally and severally liable for KRW 576,200 and the aforementioned amount. < Amended by Act No. 11335, Jan. 31, 2013>

Reasons

1. Basic facts

A. On December 16, 2012, the Plaintiff concluded an agreement with Defendant D to pay KRW 3.4 million to the Plaintiff by January 30, 2013 (hereinafter “instant payment agreement”) as the result of settling accounts that part of the E-building first construction work was subcontracted and completed and that part of the construction work was paid as payment in substitutes 103,00 won.

B. On May 28, 2012, the Plaintiff entered into a contract with Defendant A Co., Ltd. for the supply of electricity, telecommunications, and fire fighting (hereinafter “instant construction”) among the three new construction works of the building E (hereinafter “instant new construction”) in the Jeju-si and one parcel of land (hereinafter “instant construction”) (hereinafter “instant initial contract”). The main contents are as follows.

1) The construction cost related to the construction cost shall be KRW 172 million, and the payment in cash shall be KRW 40%, and the payment in cash shall be offset by the balance of KRW 15 million in the E-building operation 103, which was borne by the Plaintiff, and the remainder of KRW 54 million shall be paid in a fair manner, and the difference of KRW 1.3 million in the construction cost shall be settled ex post facto after the disposal of the building. 2) Of the third buildings of the E-building in the construction site of this case related to payment, the actual sale price shall be determined and settled, and the sale price shall be later transferred within 60 days after the completion of the construction, and the designation of the building head shall be adjusted by drawing lots, and the balance of the construction cost shall be settled after the completion of the construction.

(hereinafter referred to as the “instant accord and satisfaction agreement”. 3) This part of this Agreement is a power line and public electrical construction, commercial buildings, and electric light facility works, telephone facility works, telecommunications facility works, fire fighting facility works, and the part necessary for temporary electrical construction and other works (including household and public lighting works, and videophones).