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(영문) 서울남부지방법원 2018.04.17 2017가합101608

공사대금

Text

1. The Defendant’s KRW 678,390,000 for the Plaintiff and 6% per annum from June 21, 2016 to February 27, 2017.

Reasons

1. Facts of recognition;

A. C Co., Ltd (merged with the Defendant on July 1, 2015), around May 2015, a bidding procedure (minimum price is electronic bidding method) was conducted to conclude a subcontract agreement of D Corporation (hereinafter “instant Corporation”).

On May 29, 2015, the Plaintiff bid the construction cost of KRW 2,980,000 (excluding value-added tax) as the lowest bidder.

B. On August 4, 2015, the Defendant requested the Plaintiff to supply the power generator with the following content:

1. Project owner: B; and

2. Date of order: August 4, 2015;

3. Business name: The Bank of Bankruptcy; and

4. Delivery name: D.

5. Places of delivery: Gyeonggi-do Eri-do - All members of the Fdong-dong in Gwangju-si in Gyeonggi-do.

6. Period: Order amount (e.g., order amount): 2,980,000,000 won (VAT Map) on April 28, 2018;

9. Payment Conditions: our payment terms.

C. On October 27, 2015, the Plaintiff prepared a written contract for construction works with Company I (hereinafter “I”) (hereinafter “I”) on the part of the Defendant’s employees G, who had been holding consultations with the Plaintiff regarding the instant construction works, substantially proceed with the instant construction contract between the Plaintiff and the Defendant, which is supplied according to the Defendant’s direction, but upon the Defendant’s request to put H (hereinafter “H”) into the middle, thereby entering into the contract in a formal manner.

[hereinafter] Re-subcontract form entered into by the above contract (Subject to the conclusion of the subcontract and the re-subcontract between the defendant and H)

A) The contract for the construction project of this case is referred to as “instant contract.” The ordering company shall determine the representative director J as “A” and determine K as “B” and concludes the contract for the construction project as follows: D: (a) the representative director of the Corporation in charge of the construction project of this case shall be determined as “B”; and (b) the terms and conditions of the separate contract between A and B and the specifications and drawings:

2. Details of construction: Supply of emergency power generators and trial run; and

3. Contract amount: Japanese twenty-eight billion won (2,980,000,000) (VAT limit); and

4. Location of construction: Gyeonggi-do;