(영문) 인천지방법원 2018.10.05 2017가합2584

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(영문) 인천지방법원 2018.10.05 2017가합2584

공사대금등

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1. The Defendant shall pay to the Plaintiff KRW 43,718,400 and the interest rate of KRW 15% per annum from October 26, 2017 to the date of full payment.

Reasons

1. Basic facts

A. On July 11, 2016, A awarded a contract to the Defendant for the new construction of the Kucheon-gu building B (hereinafter “instant building”). On November 2, 2016, the Defendant, on November 2, 2016, ordered the Plaintiff to subcontract the construction work of machinery and equipment as KRW 413,692,00 (including value-added tax) from November 2, 2016 to May 30, 2017, among the new construction works of the instant building.

[Provided, the Plaintiff and the Defendant changed the term of completion of the construction of the said newly constructed construction from May 30, 2017 to September 15, 2017 due to the modification of design on August 30, 2017 (hereinafter “instant subcontract” as a joint contract concluded between the Plaintiff and the Defendant, regardless of whether it was before or after the extension of the term of completion.

[b] b.

From December 30, 2016 to June 30, 2017, the Plaintiff issued an electronic tax invoice of KRW 195,000,000 in total to the Defendant for the said period as the origin of the instant subcontract during the said period. From January 4, 2017 to July 14, 2017, the Plaintiff received the above KRW 195,00,000 from the Defendant.

The name of a construction project: The name of a subcontractor for B business facilities or urban-type housing construction project: The contract amount of machinery construction project: Won 413,692,00 won (including value-added tax): From November 2, 2016 to August 24, 2017

1. The contractor refers to the defendant; the same shall apply hereinafter;

and subcontractors refers to the plaintiff, hereinafter the same shall apply.

by August 24, 2017, the order shall be approved after completion of the construction of machinery and equipment.

2. A refers to a person placing an order; hereinafter the same shall apply. On August 24, 2017, a person placing an order shall directly pay to a subcontractor the balance of the construction with the approval of the contractor 218,592,00 won, within seven days following the completion and approval of the construction of machinery and equipment and the completion of approval for the use of the building and the execution of the loan of financial rights.

Amount of money received in the contract amount of 413,692,00 won (including value-added tax) and to be paid in the amount of 195,00,000 won (including value-added tax) and the amount of 218,592,000 won (including value-added tax)

3. The amount to be paid and payable by the project owner, contractor, and subcontractor shall be as follows:

3.2

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