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(영문) 서울북부지방법원 2019.09.19 2016가합26178

공사대금

Text

1. The Defendant: 74,160,000 won to Plaintiff A Co., Ltd. and 5% per annum from December 15, 2016 to September 19, 2019.

Reasons

1. Basic facts

A. 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”)

(1) On October 4, 2013, the Corporation newly constructs urban-type residential housing (hereinafter “instant construction”) on the ground from Defendant and D Company E on October 4, 2013 (hereinafter “instant construction”).

(2) On October 4, 2013, Plaintiff B entered into an execution agreement with Plaintiff A to collectively subcontract the instant construction work with Plaintiff B and to pay KRW 3.3 billion out of the construction cost, as the construction cost, from September 9, 2013 to March 30, 2015. < Amended by Presidential Decree No. 24279, Oct. 4, 2013>

B. From July 2014, in the course of performing the instant construction project, Plaintiff B failed to receive progress payment from the Defendant, and accordingly, the instant construction project was suspended. The Plaintiffs, on October 27, 2014, had re-subcontractor B receive a loan by December 15, 2014, and the construction cost is resumed; however, the Plaintiffs drafted a written agreement on the waiver of construction to the effect that the Plaintiffs waive their rights to the instant construction project if the construction cost is not paid. Article 1 (Effect of this Agreement)

3. The defendant will be responsible for the settlement of accounts (subcontracts, materials, mid-terms, services, and expenses) related to the construction cost arising from the workplace in the future. For this purpose, the plaintiff A waives the right and the right to retain and retain the existing workplace, and at the same time submit a statement of waiver of the construction so that the defendant can change the construction work.

Article 2 (Matters to be Agreed)

1. The defendant confirms that the contract amount of 187,880,000 won is 34,980,000 won for the execution balance to the plaintiff A.

3. The defendant confirms that all claims for payment and civil and criminal responsibilities relating to the new construction work at the same place of business shall be made, and litigation shall be instituted.