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(영문) 서울중앙지방법원 2015.06.18 2014가합514771
공사대금
Text

1. The defendant,

A. The Plaintiff’s KRW 165,216,310 as well as 6% per annum from February 12, 2013 to June 18, 2015.

Reasons

1. Basic facts

A. On June 7, 2012, the Defendant received “D apartment construction works” implemented by the EP subcontract between the Defendant and B, and entered into a subcontract with the Defendant to enter into a contract with B (hereinafter “instant subcontract”) with the content that the instant construction works of reinforced concrete (hereinafter “instant construction works”) during the construction period (including value-added tax) and the construction period from June 7, 2012 to July 31, 2014; 10% of the contract deposit; 3% of the contract deposit; 120 months from the completion date of the completion inspection of the warranty liability period; and 1/1,000 of the daily allowance contract amount (hereinafter “instant subcontract”).

Of the general terms and conditions of construction contracts and construction specifications included in the instant subcontract, the part related to the instant case shall be attached thereto.

1. The same shall apply to the general terms and conditions of the construction contract and the specifications of construction purchase;

B. On December 5, 2012, the Plaintiff, the Defendant, and B entered into a contract on the assignment of claims between the Plaintiff, the Defendant, and the Defendant, and the B, with the content that the Defendant would consent to the said assignment of claims (hereinafter “instant contract on the assignment of claims”) from October 26, 2012 to December 25, 2012, transferred KRW 1.6 billion out of the amount of the original construction works, which were held against the Defendant under the instant subcontract, to the Plaintiff, and the Defendant would have agreed to the said assignment of claims (hereinafter “instant contract”).

C. On November 19, 2012, B entered into an assignment contract between B and C shall transfer KRW 200 million to C (hereinafter “C”) from among the claim for construction price against the Defendant under the instant subcontract, and on December 7, 2012, B notified the Defendant of the said assignment by content-certified mail and sent the notification thereof to the Defendant on December 10, 2012.

The defendant's notification of the termination of the subcontract of this case and the suspension of the construction of this case shall be delayed on December 14, 2012 to B as a whole.

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