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(영문) 서울중앙지방법원 2020.08.19 2017가합528788
공사대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 1,690,500,000 as well as its annual interest from May 31, 2017 to August 19, 2020.

Reasons

1. Basic facts

A. On July 2010, Defendant C Co., Ltd. (hereinafter “Defendant C”) entered into a construction contract with Defendant C Co., Ltd. (hereinafter “Nonindicted Company”) on the construction work for the construction work for the construction work for the FJ compound construction project on one parcel of land outside Gwanak-gu in Seoul Special Metropolitan City and one other (hereinafter “instant construction work”).

B. On April 19, 201, the Plaintiff entered into a construction contract with the Nonparty Company for the construction of machinery and fire-fighting equipment (hereinafter “instant subcontracted construction”) during the instant construction period from April 19, 201 to August 30, 2012, and entered into a construction contract for the construction cost of 3,179,736,000.

From April 19, 2011 to July 31, 2014, the construction contract was finally changed on three occasions until March 12, 2014, and the construction period was finally determined at KRW 3,334,60,000.

(hereinafter referred to as the “instant subcontract”, including the terms and conditions of the said modified contract.

On June 16, 2013, when the instant construction was interrupted due to the settlement of bankruptcy by the Nonparty Company, the Defendant Company B (hereinafter “Defendant B”) concluded a contract for the construction works, which constituted construction cost of the remainder of the instant construction works, from June 17, 2013 to October 31, 2013, with Defendant C and the instant construction period, from June 17, 2013 to October 31, 2013.

The construction contract was finally changed on three occasions, and the construction period was finally extended until December 31, 2015.

Meanwhile, from December 30, 201 to June 2, 2014, the Plaintiff received construction payment from Nonparty Company and Defendant B as follows.

An amount of money from 10,00,000 non-party company 10,000 on December 30, 201, which was 10,000,000,000 on February 27, 2013, and 11,200,00 on January 19, 2012; 160,00,000 on February 27, 2013; 160,000,00 on March 36, 2010; 16,90,000,00 on February 36, 200, 200 on December 36, 2012; 15,000,00 on March 26, 2013; 15,000,00 on March 26, 200, 200;

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