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(영문) 서울중앙지방법원 2016.12.14 2016가합24708
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 396,367,560 and the interest rate of KRW 15% per annum from August 23, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant’s contract 1) On March 3, 2011, the Plaintiff entered into a contract with the Defendant and the Nam-gu Incheon Metropolitan Government Construction Project for the fifth floor of the building A and the Nices Construction Project (hereinafter “instant Construction Project”).

2) As to the contract agreement (hereinafter referred to as “instant contract”).

(2) According to the instant contract, the Plaintiff contracted the said construction project with the contract amount of KRW 2,068,00,000 (including value-added tax), and the Defendant paid KRW 206,80,000, which is 10% of the total contract amount, to the Plaintiff within seven days after entering into the contract, and the contract amount of KRW 827,20,000, which is 40% of the contract amount as of April 15, 201, and the contract amount of KRW 517,00,000, which is 25% of the contract amount as of May 15, 201, and KRW 517,00,000, which is 25% of the contract amount as of May 31, 2011, respectively.

B. On March 17, 2011, the Plaintiff entered into a subcontract with B on the condition that the instant construction work is subcontracted to the contract price of KRW 1,892,00,000 (including value-added tax) and carried out the said construction work (hereinafter “instant subcontract”).

C. On March 10, 201, the Defendant paid to the Plaintiff KRW 206,80,000 under the name of advance payment of the instant construction project, and KRW 493,20,000 under the name of advance payment of the instant construction project (payment of KRW 100,000,000 on July 22, 2011, KRW 200,000 on September 6, 201, KRW 200,000 on September 6, 201, KRW 43,200,000 on October 14, 201, and KRW 150,000 on October 20, 2011).

On October 15, 2011, the Defendant requested the Plaintiff to suspend the instant construction work, and the Plaintiff consented thereto, and the instant construction was suspended.

Until the discontinuance of the instant construction project, the amount of the construction project is KRW 1,135,065,135.

E. 1) On September 7, 201, the Plaintiff: (a) on September 7, 201, the establishment of the right to collateral security and the provisional seizure on the real estate owned by the Defendant; and (b) on September 7, 201, for the payment of the construction cost under the instant contract with the Defendant, the 502-4 and the 9 real estate

The contract to establish a right to collateral security is concluded.

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