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(영문) 창원지방법원진주지원 2016.11.01 2015가단8502
추심금
Text

1. The Defendant’s KRW 49,947,042 for the Plaintiff and KRW 5% per annum from September 9, 2015 to November 1, 2016.

Reasons

1. Basic facts

A. On January 28, 2015, the Plaintiff filed a lawsuit claiming the purchase price of goods with the Changwon District Court 2014Kadan14098 against the Non-Party Construction Daehan Co., Ltd. (hereinafter “Non-Party D Co., Ltd”). The Plaintiff filed a lawsuit claiming the purchase price of goods with the Changwon District Court 20,000,000 won until May 29, 2015, with the Plaintiff.

8. 20,000,000 won until February 28, 200, 20,000 won until November 30, 200 of the same year, and 30,000,000 won until February 29, 2016 shall be paid.

‘' has been concluded the adjustment of the contents.

B. On July 2, 2014, the Defendant entered into a subcontract between the Defendant of the non-party company on the part of the non-party company on July 2, 2014 (hereinafter referred to as the “instant subcontract agreement”) with respect to reinforced concrete construction works among the new urban-type housing construction works on the non-party company A and four lots of land at the time of Jinju.

and the main contents are as follows:

4. Period: September 30, 2014 after completion of construction, July 2, 2014.

5. Contract amount: The value-added tax on the labor cost under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry, which is 1 million won in daily gold: Only the steel bars and the ready-mixed price shall be applied.

6. Payment of the price;

(a) Advance payments;

(b)The completed portion (1) - the first completed portion - the next completed portion after the completion of the second advanced construction - the method of payment for each month (if the owner makes a payment, immediately after the payment): 50% in cash and 50% in substitutes;

3. The reinforcing bars shall be subtracted from the progress payment supplied by the defendant; and

4. Additional taxes on steel bars and ready-mixeds shall be paid separately;

10.The proceeds of the project shall be 50 per cent in cash and 50 per cent in bulk.

11. Designation of two households in lieu of a substitute: the first 401 units, the first 402 units.

C. While the non-party company discontinued the construction of this case while continuing the construction of this case, the construction was suspended on or around October 2014, and at the time of discontinuance, the progress rate of the construction was 85%, and the Defendant concluded the construction above through a separate subcontract.

The plaintiff is a collection order of the plaintiff.

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