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(영문) 광주지방법원 2016.10.07 2015가단523536
공사대금
Text

1. The Defendant’s KRW 124,608,935 as well as the Plaintiff’s annual rate from October 7, 2015 to October 7, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur who carries on the off-line construction business with the trade name of “C,” and the Defendant is a new owner of the building of the E Elderly Hospital on the ground of the land of Jeonbuk-gun D.

B. On April 1, 2014, the Plaintiff entered into a contract with the Defendant on the following terms (hereinafter “instant contract”). However, the Defendant leased a construction license from the “Korea-Japan Comprehensive Land Corporation” to enter the name of the contractor into a “Korea-Japan Comprehensive Land Corporation” in the form of a construction license. A subcontract agreement (Evidence 1-1-1) (hereinafter referred to as “instant contract”).

1. The name of the Corporation: The Corporation for the Construction of Senior Citizens Hospital;

2. The construction site: D in the Jeonbuk-gun;

3. Date of commencement: The date scheduled for completion on April 4, 2014: July 30, 2014: The amount supplied as KRW 139,909,000: Value-added tax of KRW 127,190,000: KRW 127,719,000 (special terms and conditions of a subcontract) shall be paid for the first progress payment of KRW 50 percent of the construction amount on May 30.

1. The Corporation shall settle the measured quantities of ston and shots construction, snowbrows and sbrows construction;

2. Paint shall be executed in accordance with a change in the internal finishing materials, and the actual quantity shall be settled;

A(Plaintiff)’s contractor’s contractor’s “C Representative A(Plaintiff)”, which is written as “contractor,” but whose clerical error is apparent in the contract;

C. The Plaintiff continued the instant construction by August 2014 pursuant to the instant contract. As the Defendant did not pay the agreed construction cost at all, the Plaintiff discontinued the instant construction before the completion of the construction.

Based on the actual input quantity with respect to the “ston and stonybrow,” the Plaintiff’s “construction cost for the instant construction work” has reached KRW 113,280,850 until August 2014, and the final rate of 95.56% is approximately KRW 95.56%.

(e) On September 4, 2014, the new building of a hospital for the aged is entrusted with the registration of provisional disposition.

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