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(영문) 대구지방법원 2017.02.10 2015가합207185
공사대금
Text

1. The Defendant’s KRW 41,190,832 as well as the Plaintiff’s annual rate from December 8, 2015 to February 10, 2017.

Reasons

1. Basic facts

A. Around March 10, 2015, the Plaintiff entered into a subcontract with the Defendant to supply sewage to the file distribution unit (hereinafter “instant construction”) among the new construction works of the scarb apartment located in Sam-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “instant construction”). On June 23, 2015, the construction period and contract

(hereinafter “instant contract”). The standard subcontract contract for construction works (hereinafter “instant contract”). ① The name of the ordering person: The name of the Defendant prime contractor: the name of the subcontracted construction: the name of the subcontracted construction. (2) The name of the subcontracted construction: the digital network construction from among the new construction works of the three-party resignation apartment: (Commencement) on March 10, 2015 to April 30, 2015. (4) The construction contract amount: 2,143,654,000 won (including non-taxation and material cost): (Commencement) the construction period from June 23, 2015 to September 30, 2015: the construction contract amount: 2,820,474,000 won (including non-taxation and material cost)

B. Based on the contract amount of KRW 2,820,474,00, the Plaintiff submitted to the Defendant the following: (a) rate of 8.93% on June 30, 2015; and (b) rate of progress payment of KRW 251,935,00 on the basis of the contract amount of KRW 2,820,474,00; and (c)

8.3. Around March, 198, the Defendant submitted a statement of short-term 273,246,750 won in total to the Plaintiff at the request of the Plaintiff’s direct payment, etc., claiming 9.72% in total, 22,247,50 won in gold and total 274,200 won in total.

C. On August 2015, the Plaintiff suspended the instant construction work and then sent a content-certified mail demanding the Defendant to proceed with the instant construction work three times at the time of mid- August 2015. However, the Plaintiff sent to the Plaintiff a content-certified mail stating that the instant construction work did not proceed, and around August 24, 2015, the instant contract was rescinded.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, 6, Eul evidence 10, 12, 13, 16 17, 21, 24, 25.

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