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(영문) 대전지방법원 2017.10.10 2017가단9494
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 126,687,920 and the interest rate of KRW 15% per annum from July 13, 2017 to the date of full payment.

Reasons

Facts of recognition

A. The Defendant is one of the five projects that contracted for the reconstruction of the Seo-gu Daejeon District Court A Ground B Hospital.

B. On September 1, 2010, the Plaintiff was awarded a subcontract for the funeral hall termination work from the Defendant to KRW 160,160,000 of the construction cost, and on November 22, 2010, concluded a modified contract with the content that the design of the above construction work shall be modified to increase the construction cost to KRW 204,90,000 of the construction cost.

(hereinafter collectively referred to as the “instant subcontract”). (c)

The Plaintiff completed construction works under the instant subcontract, and issued a tax invoice on October 31, 2010 and November 30, 2010 on two occasions. However, the Plaintiff was not paid the construction cost on the wind that the Defendant was not paid the construction cost due to the failure of the Plaintiff’s payment due to the failure to pay the construction cost.

Upon the process of voluntary auction on the above B Hospital site and building, five construction companies including the defendant had the right of retention while occupying the building in the above B Hospital site and building. The construction price claims asserted by the defendant as preserved bonds included the plaintiff's remaining construction price claims.

On April 3, 2012, the Plaintiff entered into an agreement with the Defendant with the following content:

(hereinafter “instant discount agreement”). The above “A” (referring to the Defendant; hereinafter the same shall apply) and “B” (referring to the Plaintiff; hereinafter the same shall apply) are exercising the right of retention in order to receive the account payable due to the default of the Hospital, and as the lien was delegated by “A”, the auction is awarded and the bonds are negotiated, “B” will receive the contract price according to the rate (payment method and time) negotiated by “A”.

The common expenses paid while the lien is in progress shall be shared by "B" according to the rate of the receipt of the claim.

E. Meanwhile, the Plaintiff requested the Defendant to lend money to be used as deposit money related to civil procedure, and on September 18, 2012 and September 19, 2012, the Plaintiff totaled to the Defendant 5,800.

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