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(영문) 서울중앙지방법원 2018.08.30 2018가합507900
공사대금
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1. As to the Plaintiff’s KRW 249,60,000 and its KRW 199,60,000 among them, the Defendant shall start on September 22, 2016 and end on 50,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company running the tetrary works, etc., and the Defendant is a company running the carcinum manufacture and sale siren business, camping ground management and operation business, etc.

B. Around April 2016, the Plaintiff: (a) contracted and performed the “Alley-Pamp Co., Ltd.” (hereinafter “instant building”); and (b) agreed with the Defendant to undertake the removal work first, on a preferential basis, at the time of the Plaintiff’s final and conclusive agreement with the Defendant to undertake the removal work.

Accordingly, around April 28, 2016, the Plaintiff received KRW 10 million from the Defendant and continued to perform the removal work.

C. Since June 1, 2016, the Plaintiff entered into a contract for construction works with the Defendant, which was set at KRW 393,000,000 (excluding value-added tax) and from June 1, 2016 to July 1, 2016 (However, the date of completion may be changed according to the circumstances and conditions) with respect to the instant construction works, and entered into a modified contract on July 11, 2016, changing the total construction cost into KRW 477,00,000 (excluding value-added tax).

(hereinafter referred to as “instant contract”). The main contents of the instant contract (Evidence A 2) are as follows:

(A) “A” means the Defendant who is the contractor, and “B” means the contractor. 1. The name of the construction: AdddrCC Camp doping Corporation

2. The construction place: the 5-48, Goi-dong, Young-gu, Gyeonggi-do.

3. Period of construction: July 15, 2016 (based on the date of opening the first floor) as of June 1, 2016 (based on the date of opening the first floor; 7 days after the third intermediate payment is settled, in cases of the second floor and the second floor);

4. Total construction amount of 100%: 100 million won (477,000,000) (VAT Map).

5. Prepaid gold (40%) : daily gold (50,000,000) - at the time of a contract

6. The first (30%) part payments: the daily cash (100,000,000) - June 10.

7. Second (20%) Part-Time payment: Written payment (40,000,000) - July 8.

8. The third (20%) part payments: the first (140,000,000 daily payment) of the amount of seven months.

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