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(영문) 수원지방법원성남지원 2015.06.05 2014가합2569
인건비 등
Text

1. The Defendant’s KRW 73,043,458 as well as the Plaintiff’s annual rate of KRW 5% from April 8, 2014 to June 5, 2015.

Reasons

1. Basic facts

A. On April 30, 2013, the Plaintiff entered into a contract with the Defendant and the C New Construction, with respect to reinforced concrete construction among the Defendant and C New Construction, the construction period from March 2013 to October 30, 2013; and KRW 195,000 per ton per ton; however, a contract with the effect that only the portion recognized as the side of the original building within the contract amount for implementation cooperation settlement standards is to be settled (hereinafter “C-site contract”).

(2) On July 31, 2013, the Plaintiff entered into a contract with the Defendant for the settlement of the actual construction volume regardless of the contract amount (hereinafter “D site contract”) with respect to steel works among the new construction works (hereinafter “D site contract”) from July 31, 2013 to November 30, 2013, and the construction amount of KRW 498,615,000 (=2,57 tons x 195,000).

3) On September 6, 2013, the Plaintiff entered into a contract with Defendant and E, from September 2013 to December 31, 2013, with the construction period of the steel works from September 31, 2013 to December 31, 2013 (i.e., KRW 439,140,00 of the construction amount (i.e., KRW 2,252 tons x 195,00) to settle the said contract into the actual construction volume regardless of the contract amount (hereinafter referred to as “E site contract”), and simultaneously with the C site and D site contract.

B) On February 26, 2014, the Plaintiff entered into a settlement agreement with the Defendant as KRW 73,043,458, the settlement amount up to the part of November 2013 of each of the instant contracts with the Defendant, and the Defendant F (hereinafter “F”).

(2) From December 2013 to January 2014, 2014, if the settlement has been made, a separate settlement shall be made, and if the settlement has not been made, an agreement shall be reached to KRW 73,043,458 (hereinafter referred to as “instant settlement agreement”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (which include a serial number; hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. The parties' assertion

A. The plaintiff's assertion 1) The defendant shall pay 73,043,458 won and damages for delay to the plaintiff in accordance with the settlement agreement of this case.

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