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(영문) 서울북부지방법원 2016.01.13 2015가합469
공사대금
Text

1. The Defendant’s KRW 46,298,107 as well as 6% per annum from February 10, 2015 to January 13, 2016, and the following.

Reasons

1. Basic facts

A. On March 7, 2013, the Defendant: (a) subcontracted the part of the monthly construction project for the construction project for the construction project for the Japanese 1502 OCEN US 1502 Jung-dong, Busan, the Busan, and the construction project for the construction project for the construction project for the Korean Commercial Aviation (hereinafter “instant subcontract”); (b) the said subcontract price was increased to KRW 176 million (including value-added tax; hereinafter the same shall apply); and (c) the said subcontract price was increased to KRW 340 million on June 30, 2013; and (d) KRW 379,50 million on October 31, 2013, respectively.

B. On July 16, 2013, i.e., Gisung Construction Co., Ltd. (hereinafter “Gisung Construction”) re-subcontracted the part of the instant construction project during the lusium construction (hereinafter “instant construction”) with the price of KRW 82.5 million, and the Plaintiff re-subcontracted the instant construction project with the price of KRW 167.2 million from Gisung Construction on August 22, 2013.

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

On August 22, 2013, the Plaintiff received advance payment of KRW 20 million from Gsung Construction, and continued the instant construction. However, as the Plaintiff failed to receive the intermediate payment of KRW 50 million as paid on October 10, 2013, the Plaintiff urged the payment to the Defendant, Eisung and Gisung Construction respectively.

Accordingly, on October 18, 2013, the Defendant sent to the Plaintiff a document stating that “The construction cost that shall be paid for the Maternity and Maternity Construction shall be treated in direct payment to the Plaintiff, but shall be treated in direct payment as soon as possible, and the remaining construction cost (including the additional construction cost) of the Plaintiff shall be treated in direct payment until November 30, 2013” (hereinafter “instant direct payment agreement”), and immediately thereafter, paid KRW 50 million to the Plaintiff via an intermediate payment.

E. On October 31, 2013, the Plaintiff completed the instant construction, including the additional construction of glass partition.

[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-7, Eul evidence Nos. 1-4, the purport of the whole pleadings

2. The plaintiff to determine the cause of the claim is the defendant's final subcontract of this case.

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