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(영문) 서울북부지방법원 2019.10.01 2019나225
공사대금
Text

1. The part against the Defendants in the judgment of the court of first instance is revoked, and the Plaintiff corresponding to the revoked part is the Defendants.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who conducts landscaping business, etc. with the trade name of F, and Defendant B, C, and D (hereinafter “Defendant B, etc.”) is the co-owners of H kindergarten buildings located on the G in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu.

B. On October 14, 2017, Defendant B, etc. entered into a contract for private construction works with I (hereinafter “I”) aimed at completing the construction of a lien construction work (hereinafter “instant contract”). The main contents are as follows.

C. Foods

1. Name of the Corporation: New Corporation of J Kindergartens;

2. Construction place: Gyeyang-gu Seoul Metropolitan Government G in Gyeonggi-do;

3. Date of commencement: October 16, 2017.

4. Date scheduled for completion: December 16, 2017.

5. Contract amount: A daily amount of KRW 10 billion - Value-added tax separate.

7. Terms and conditions of advance payment: A down payment in one million won: - When a contractor receives a contract deposit (construction performance bond) from the contractor, he/she shall be paid within ten days from the date of commencement.

The intermediate payment: The contractor shall be directly treated in accordance with the progress rate, in accordance with the daily payment of KRW 20 million - the contractor.

The completion money: The daily amount of KRW 300,000 - The contractor shall pay within ten days after the completion of the completion inspection.

12.The order of priority in the application of construction works is ① the special conditions of the construction contract, ② the construction work based on the interior design(s) and interior design(s) and interior design(s) design(s) design(s) design(s) design(s) design(s) design(s) design(s) design(s) design(s) design(s) and estimates.

When a contractor fails to perform a contract, he/she shall be held liable for civil or criminal liability.

C. The Plaintiff was awarded a subcontract from I for the instant landscaping project (hereinafter “the instant primary landscaping project”), and performed the instant primary landscaping project. Meanwhile, the Plaintiff was paid KRW 10 million as the price for the instant primary landscaping project.

[Ground of recognition] Facts without dispute, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff.

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