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(영문) 인천지방법원 2015.01.23 2014가합54829
공사대금
Text

1. As to KRW 145,680,00 among the Plaintiff and KRW 110,00,000 among them, the Defendant shall start from November 2, 2012 to June 27, 2014.

Reasons

Basic Facts

A. On December 201, 201, a forest construction company (hereinafter “elim construction”) entered into a contract with 5 ES industry (hereinafter “VS industry”) on the production, supply, and installation of a elime apartment in which the elim construction is being carried out (hereinafter “the instant household construction”) with 5 ES industry as the contract cycle (hereinafter “instant contract”).

B. On December 27, 2011, the Plaintiff entered into a contract with the Es. industry under which the Plaintiff would accept installation works for the main household (hereinafter “instant main household construction”) among the instant household construction works (hereinafter “instant main household construction”).

The details of the work are as follows: The period of construction for the main household: The contract amount between December 1, 201 and May 31, 201: KRW 181,500,000 (including value-added tax).

C. Around May 2012, the construction of the Mayang apartment was changed to the Defendant in the Magyang apartment construction. Around June 15, 2012, the Defendant entered into a sales contract with the 5 SS industry with the meaning of succeeding to the instant contract.

From December 1, 2011, the Plaintiff continued the instant housing construction work. From around September 2012, the construction period was extended due to the change of construction works, etc., the defect repair work for the housing household (hereinafter “instant repair work”) that occurred.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5, 6 evidence (including paper numbers; hereinafter the same shall apply), Eul 1 and 3 evidence, part of Gap 7 evidence, witness B and C's testimony, witness D's partial testimony, and the purport of the plaintiff's assertion as a whole.

A. On September 26, 2012, the Plaintiff, the Defendant, and the 5S industry agree to pay the Plaintiff directly to the Plaintiff, starting September 2012, among the two construction cost and the repair work cost of the instant main household construction work (hereinafter “instant construction cost”).

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