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(영문) 서울중앙지방법원 2020.09.01 2018가단5156188
공사대금
Text

1. Defendant C Co., Ltd.: (a) from August 23, 2018 to September 1, 2020 to the primary Plaintiff A, as well as KRW 53,902,797.

Reasons

1. Basic facts

A. The Plaintiff A is a person engaged in the interior design business under the trade name of “E”.

B. On April 20, 2018, the term “construction contract” and “A consulting agreement” were respectively prepared in the name of Defendant D (Representative Director of Defendant Company) and the name of Defendant D (Representative Director of Plaintiff Company) and the name of the conjunctive Plaintiff B (Party A) (hereinafter collectively referred to as “each of the instant contracts”) (hereinafter collectively referred to as “each of the instant contracts”) as follows.

Since May 8, 2018, the Plaintiff started the interior construction of the F, 4, and 5 floors in Gangnam-gu Seoul Metropolitan Government (the place indicated as “5, 6 floors” in each contract; hereinafter “instant building”) from May 8, 2018.

Construction site: Construction cost on May 1, 2018 to June 6, 2018: Total of KRW 110 million (including value added taxes) and KRW 90 million among the construction cost on May 21, 2018; the remainder of KRW 20 million on June 6, 2018; the construction site of the interior construction of the sixth floor and the construction period on June 6, 2018: The total of KRW 180 million (excluding value added taxes).

C. On May 16, 2018, Defendant D paid the Plaintiff KRW 50 million in cash with down payment and down payment and down payment, and KRW 50 million in total, KRW 100 million deposited to the said Plaintiff’s bank account. On June 25, 2018, the said Plaintiff issued an electronic tax invoice of KRW 50 million (the supply price of KRW 45,454,545, the supply price of KRW 455,545, the tax amount of KRW 455,4555) in the future of the Defendant Company.

Plaintiff

On June 21, 2018, A sought an intermediate payment from the Defendant Company under the title of “request for the performance of human rights construction and consulting contract” and sent a content-certified mail claiming that the Defendant Company had been carrying out construction works more than 98% (the cost of construction works 196,382,223 won) except as requested by the other Company.

E. On June 22, 2018, the Defendant Company failed to present 3D drawings or quotations as classified under the title “assigning the notice of termination of a consulting contract” to the Plaintiff on June 22, 2018, and on June 22, 2018.

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