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(영문) 창원지방법원마산지원 2017.06.28 2016가합684
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 515,186,502 and the interest rate thereon from September 24, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that operates soil construction business, etc., Defendant A is a legal entity that operates artificial fishery business, etc., and Defendant B is a person who actually operates Defendant A.

B. (1) On December 23, 2015, the Plaintiff is a construction contract for the construction work that constructs multi-family houses, etc. on the Defendant Company A and Changwon-si C and D’s ground (hereinafter “instant contract”).

Defendant B was the guarantor of Defendant A, and Defendant B was the total contract amount. 5. The total contract amount: 5.00 million won per one hundred and twenty million won per one,000 million won per one,000 million won per one,0000 won per one,0000 Won per one,0000 won per one,000 won per one,000 won per one,000 won per one,000 won per one,000 won per one,000 won per one,000 won per one,000 won per one,000 won per one,000 won per one,000 won per one,000 won per one,000 won per one (477,52,0000 per one,000 won per one, 179,700,000 won per one,000 won per one.

7. Terms and conditions for the payment of construction price:

1. 5:5, irrespective of the amount of down payment and intermediate payment at the time of sale, and the balance shall be the price for construction;

(All things are possible to be consulted but shall be in principle the preferential repayment of the construction cost)

2. Part of the construction cost shall be settled as a guarantee for a contractee by performing banking work after civil works;

8. Special matters:

1. Building design cost, civil engineering design cost, individual contributions, deposit money, water supply cost, etc. shall be borne by the owner, but the cost shall be borne by the owner;

2. The contractor shall pay the same interest of 0.7 copies per month from the date of the substitute payment.

3. The loan interest of a bank shall be borne by a contractor;

2. Terms related to the construction cost in the contract of this case shall be as follows:

C. Even after the completion of civil engineering works, Defendant A did not pay the construction cost, and the Plaintiff demanded the Defendant A to settle the construction cost. The Plaintiff and the Defendants made an agreement with the following terms on June 23, 2016, and obtained authentication from a notary public, and made damages for delay at the rate of 15% per annum after September 24, 2016.

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