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(영문) 수원지방법원 2019.05.30 2017가단26221
공사대금
Text

1. The Defendant’s KRW 34,870,00 for the Plaintiff and KRW 6% per annum from October 2, 2016 to August 31, 2017.

Reasons

1. Facts of recognition;

A. On November 2015, the Plaintiff entered into a construction subcontract with the Defendant, who was awarded a contract from the Hanam-si for the “D Zone Access Road Construction Work” (hereinafter “instant subcontract”) with the Defendant, and the Plaintiff entered into a contract with the Defendant to accept the “E Earthing Construction Work” among the said construction works (hereinafter “instant construction work”).

B. In accordance with the instant subcontract agreement, the Plaintiff entered into a construction agreement with the Defendant on June 8, 2016, following the execution of the instant construction work from November 2015 (hereinafter “instant construction agreement”).

The name of the construction agreement of the construction: The agreed amount of construction work under the agreement for the construction project to be established on the access road to the area in the area in the area in the area in the area in the area in the area in the area in the area of the area in the area of the area in the area of the area in the area of the area in the area of the area in the area of the area: the construction period of the area in the area in the area of the area in the area of the area in the area of the area in the area of the area in the area of the area in the area of the area in

1. In principle, a subcontract is to enter into a contract with the Plaintiff on the basis of the agreed specifications as agreed upon by the Defendant and to carry out the construction work as indicated in the agreed specifications.

2.In the event of a change in quantity or a change in the design, the change in the contract shall be implemented on the basis of the total amount after the settlement as of the terms of the contract;

3. The amount resulting from the increase or decrease of volume shall be calculated with an agreed unit price;

4. Any settlement shall be equivalent to a unit price not agreed upon.

5. The subcontract amount shall be fulfilled after the settlement based on the agreed specifications.

Article 3 (Request for Payment and Payment)

1. By the 25th day of each month, the applicant must make a claim for objection and submit tax data on it.

3. The request shall be made on the 25th day of each month and shall be made in cash within 60 days after the request.

June 8, 2016

C. With respect to the instant construction project, the Plaintiff: (a) the Defendant: (b) the supply price of KRW 25 million on March 31, 2016; and (c) the tax invoice of KRW 2.5 million (hereinafter “instant first tax invoice”); (b) the supply price of KRW 18.5 million on May 31, 2016; and (c) the tax amount of KRW 18.5 million.

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