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(영문) 서울중앙지방법원 2015.05.14 2014가단37727
매매대금
Text

1. The Defendant’s KRW 1,113,784 as well as the Plaintiff’s KRW 5% per annum from March 11, 2014 to May 14, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into a contract with the Plaintiff and the Korea Radio Promotion Association on August 8, 2011, and the Korea Radio Promotion Association (hereinafter “Korea Radio Promotion Association”).

(i) the installation of digital air conditioners and the maintenance and repair of the antenna (KFE) (hereinafter referred to as the “instant construction”).

【Contract Amount of KRW 179,012,768 (including value-added tax), the date of commencement, August 8, 201, and the date of completion, determined as of December 15, 201 (hereinafter “instant contract”).

(2) On August 30, 2011, the Plaintiff received 89,506,384 won as advance payment from the Nonparty Association, which corresponds to 1/2 of the contract amount of the instant contract.

3) On December 15, 2011, the non-party association notified the extension of the construction contract that the contract term of the instant construction project was extended from August 8, 201 to December 31, 2012. (b) The Plaintiff and the Defendant’s subcontract, etc. (i) the Plaintiff subcontracted the instant construction project to the Defendant on August 12, 2011 (hereinafter “instant subcontract”) (hereinafter “instant subcontract”) and the details thereof are as follows: A contract amount: the amount equivalent to 67% of the money (including 12,505,169 won, value added tax) excluding the contract amount of 179,01,01,01,000 to 4,000,0000 won and value added tax, but the above contract amount can be modified according to the number and management of materials to be paid at the request of the end-user institution; (ii) the Defendant shall be immediately liable for the payment and management of the materials to the Plaintiff; and (iii) the Plaintiff shall be immediately liable for the deposited or lost goods.

(2) The Plaintiff paid KRW 56,000,000 to the Defendant on September 2, 2011, out of the advance payment received from the Nonparty Association. (3) The Defendant concluded a sub-subcontract 1) on August 31, 2011, and the Defendant re-subcontracted the instant construction to C and Blus Co., Ltd., which run the “B Company” on August 31, 201.

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