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(영문) 수원지방법원안양지원 2016.12.09 2016가단108333
공사대금
Text

1. The Defendant shall pay Plaintiff A KRW 93,00,000 and interest rate of KRW 15% per annum from June 25, 2016 to the date of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 5, 7 to 10, 12, and Eul evidence Nos. 1, 7 and 9:

On October 6, 2015, the Defendant entered into a contract (hereinafter referred to as the “instant contract”) with the Multi- Salary Construction Co., Ltd. (hereinafter referred to as the “Dabong Construction”), under which the construction cost of KRW 2,150,000,000 for the multi-wing Construction is set from October 15, 2015 to March 31, 2016 for the construction period of KRW 2,15,00,000 (excluding value-added tax) and the construction period from October 15, 2015 to March 31, 2016 for the land-building site of KRW 16674 square meters in Nam-si, Namyang-si.

B. Around November 15, 2015, a contract was concluded between Plaintiff A and Plaintiff A, who operates a general building company under the name of Plaintiff B with the trade name of “E” (hereinafter “instant subcontract agreement”), under which the term “A” was fixed from November 15, 2015 to April 30, 2016 for the construction period of KRW 110,000,000 for the construction cost (including value-added tax), and for the construction period from November 15, 2015 to April 30, 2016 (hereinafter “instant subcontract”).

C. After that, the Plaintiff completed the instant subcontract, and the Dabong Construction paid to the Plaintiff KRW 110 million for the construction cost under the instant subcontract.

On the other hand, on February 22, 2016, the Defendant notified the termination of the instant contract to Dabong Construction on the ground of the failure to pay the subcontract price, seizure of progress payment, etc.

E. After that, on February 26, 2016, the Defendant drafted and delivered to F the following power of attorney with respect to the instant construction project:

The F shall delegate all rights and authority (such as a construction contract, on-site management and supervision, etc.) in connection with the construction of a new factory construction project to the aforesaid person (F).

(Delegation Period: From the commencement to the completion of construction). F thereafter is the defendant.

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