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Reasons
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(영문) 서울중앙지방법원 2019.01.10 2018가단26954
공사대금청구
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1. Defendant B’s 45,00,000 won and the interest rate of 15% per annum from May 11, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On October 19, 2017, Defendant B entered into a subcontract with Defendant C Co., Ltd. (hereinafter “Defendant C”) regarding the construction work of a factory on G ground, among the construction work of a factory on G ground that Defendant C received a contract from Defendant C Co., Ltd., for the construction work of a new factory on G ground, with the construction cost of KRW 607,200,00, and the construction period from October 21, 2017 to March 15, 2018.

B. On October 24, 2017, the Plaintiff was re-subcontracted by Defendant B for the period from October 24, 2017 to December 10, 2017, with the panel work cost of KRW 90,000,000 and the construction period of the panel work from October 24, 2017.

C. The Plaintiff was paid KRW 85 million in total as follows as the construction price by Defendant B while performing the said re-subcontracting construction work.

On October 24, 2017, December 29, 2017, 2017, the aggregate paid on December 29, 2017, December 2017, 200,000 won 30,000,000 won 20,000,000 won 20,000,000 won for 85,000,000 won for the payment of KRW 85,00,000 for the payment of the price (j)

1. The name of the construction work: A new factory and civil engineering work;

2. The name of the subcontracted project: Panel and Home Network Corporation among the above works;

3. Original contractor: Defendant C;

4. Subcontractors: E.

5. Subcontract amount: 607,200,000 won (including surtax).

6. Construction period: He/she agrees to pay 45,00,000 won directly to the creditor under Article 43 of the General Conditions of the Construction Contract and Article 15 of the Special Conditions of the Construction Contract, among the panel and home line construction contract deposit being executed by the Plaintiff upon contract for the said construction work.

I will not raise any objection against all subsequent matters.

February 6, 2018

On February 6, 2018, the Defendants drafted a written consent to the payment of the price (hereinafter “written consent to the payment of the instant case”) as follows, and Defendant B notified the Plaintiff of the preparation of the written consent to the payment of the instant case.

E. The content of the relevant laws and regulations relating to the instant case is as follows:

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