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(영문) 대구지방법원 2017.10.20 2016가단5341

공사대금

Text

1. Defendant Dong-dong Construction Co., Ltd. and Defendant A jointly share KRW 53,400,000 to the Plaintiff and its related amount.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in construction works, electricity, fire fighting, etc., and Defendant-A and B are integrated construction companies, and Defendant-A and B are mother and mother-si land C (hereinafter “instant land”) and 1/2 shares of each of the above ground buildings.

B. On October 25, 2014, Defendant Company: (a) subcontracted the existing 5th floor building on the instant land (hereinafter “the instant land”) by Defendant A; and (b) contracted the construction of a new 3rd floor building on the said land (hereinafter “the instant land”).

C. The Plaintiff received a subcontract from the Defendant Company for electrical construction and fire fighting construction during the construction period (hereinafter “instant construction”) from October 27, 2014 to April 30, 2015 with the construction cost of KRW 202,40,000 (including value-added tax).

In April 2015, the Plaintiff, the Defendant Company, and the Defendant A agree to directly perform the instant construction work and immediately pay the construction cost. The first subcontract price is KRW 202,40,000 (including value-added tax), the construction cost that the Defendant Company paid to the Plaintiff is KRW 110,000,000, and the remainder of the first contract amount is KRW 92,400,000. The additional construction cost incurred during the construction work is KRW 11,00,000 (including value-added tax) and the aggregate of the remainder and the additional construction cost is KRW 103,40,000,000, which is the aggregate of the remainder and the additional construction cost. Of which, until June 12, 2015, the remainder is paid KRW 50,000,000,000, whichever is 53,000,0000 after the completion of the construction work.

(hereinafter referred to as the “instant agreement”). The instant agreement is written in the building owner’s column, and the seal of Defendant A is affixed thereto, among the related parties.

E. On December 13, 2015, the Plaintiff completed construction works, and on December 13, 2015.