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(영문) 광주지방법원 2018.07.27 2017가합55645
공사대금
Text

1. The Defendant: 5% per annum from February 19, 2017 to July 27, 2018; and 5% per annum from July 28, 2018 to the Plaintiff.

Reasons

A. In order to guarantee the implementation of the instant construction contract, the Plaintiff issued to the Defendant a promissory note with face value of KRW 100 million and the Plaintiff as the issuer pursuant to the instant safety construction note, and issued and delivered a notarial deed on the obligations of the promissory note (No. 2596 of a notary public E).

Safety Execution Manual

1. Each letter complies with our contract terms and conditions (other than the contract terms, special conditions, design and calculation sheets) under the contract with us (the defendant referring to the defendant ; hereinafter the same shall apply) for the sub-subcontract construction.

2.With respect to us's damages due to the construction, safety, and management negligence of each secretary, each secretary shall be liable to him and a promissory note (100,000,000) shall be submitted to him after the preparation of a notarial deed to guarantee this.

3. Each book shall confirm the budget for construction expenses and shall be responsible for and managed with the execution thereof;

(A) With respect to the increase in expenses other than the budget adjustment due to the modification of a design, each letter shall bear the compensation or increase in the cost of construction) [Article 50,000,000 of the cost of safety execution shall be received in addition to the budget for construction expenses] (Omission) * When the construction is completed (construction) under a contract with the original contractor.

The intervenor, each of the plaintiffs (on-site agent)

C. On December 2012, the Plaintiff completed each of the instant construction works. D.

Of the accounts payable from the construction cost of the former project, 51,943,779 won is 51,634,541 won among the accounts payable from the construction cost of the former project, 83,634,541 won is 50,000 won among the accounts payable from the construction cost of the latter project.

E. On the other hand, the Plaintiff filed a lawsuit against the Defendant for the claim for construction cost against the Defendant in relation to the work of preparing the working party contract to Tae-to-be, Inc. (hereinafter “ Tae-to-be”) by sealing the Defendant’s seal without authority among the three-minutes construction projects, but the first instance court rendered a judgment against the Plaintiff (Seoul District Court 2013Gahap3928), and there was an appeal against this.

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