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(영문) 대전지방법원 2015.09.17 2014가단230013

공사대금

Text

1. As to KRW 30,470,00 and KRW 27,700,00 among the above amounts, the Defendant shall pay to the Plaintiff KRW 30,470,000 from August 11, 2014 to January 30, 2015.

Reasons

1. Basic facts

A. On May 13, 2013, the Defendant entered into a subcontract with the Plaintiff with respect to “C/P and S/P removed snow and production installation works” (hereinafter “instant construction works”), as follows:

After the cancellation of the construction site and the conclusion of an advance contract for the payment of the construction cost of KRW 375,000,000 on the construction site of the Ansan Industries Co., Ltd. for the construction site for transfer of Hansung-Bed Co., Ltd. (Additional Tax) within three days after entering into an advance contract for the payment of the construction cost of KRW 30,000,000 intermediate payment of KRW 50,000 on May 31, 2013, 2013; KRW 100,000,000 on June 30, 2013; and KRW 95,000,000 on July 31, 2013 after the completion of the remainder run of KRW 10,00,000 on May 16, 2013 to August 15, 2013.

B. On June 2, 2014, the Defendant agreed with the Plaintiff to verify the following matters with respect to the instant construction work.

1. Contract amount of the first contract amount of which the supply of the items of contract is 375,00,000,000,500,000,412,500,000 additional tax amount of 80,000,000,000 for the total sum of 45,000,000,000 for 888,000,000,000,000 for 45,5,500,500,5000 for 50,500,5000 for the value-added tax;

2. Payment amount for the items of payment: 427,300,700,000 32,700,000,000 360,000,000 part payment for the part payment to be paid in 100,000,000 part payment for the part payment to be paid in 327,30,000,000 110,000,000,000 for the part payment for the part payment for the part payment to be paid in addition to the value-added tax; and

4. The fact that there is no dispute over the aggregate of the amounts payable for items payable for items payable for the remainder of 10,000,000,000,0007/10,000 27,700,800,000,000 27,500,700,000,000 27,700,800,800,000,000 for 30,500,000 30,500 [applicable] for items payable for items payable for the penalty, Gap evidence set forth in subparagraphs 1 and 2, and the purport of the whole pleadings;

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 30,470,000 (including additional taxes) and KRW 27,700,000, out of the above amount, 27,700 from August 11, 2014, which is the last scheduled date for payment, to January 30, 2015, the delivery date of a copy of the complaint of this case, 5% per annum under the Civil Act, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

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