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(영문) 광주지방법원 2015.11.26 2015가단4387
공사대금
Text

1. Defendant A received a warranty insurance policy of 48 million won defect warranty from the Plaintiff.

Reasons

Facts of recognition

Defendant Lbnb Construction Co., Ltd. (hereinafter Defendant LbB Construction Co., Ltd) was awarded a contract for the construction of the Seo-gu Nbnb Facilities in Gwangju.

On December 3, 2013, Defendant Lbnb integrated construction subcontracted to the Plaintiff with the price of KRW 115,500,000 (including value-added tax) for metal windows among the said new construction works (hereinafter “instant construction works”) and the construction period from November 27, 2013 to January 17, 2014.

On December 11, 2013, the Plaintiff received KRW 27.5 million from Defendant Lbnb’s comprehensive construction.

The Plaintiff completed the instant construction work around January 17, 2014.

The Plaintiff, upon completion of the construction, did not receive the remainder of the construction cost from Defendant Donb Construction. Around June 2014, the Plaintiff prepared a statement of accounts (hereinafter referred to as the instant statement of accounts) between Defendant A and the actual performance of the construction delegated by Defendant Donb Construction and Defendant Donb Construction:

The deposit amount for the issuance of the integrated construction tax invoices issued by Defendant Lbnbnb (including value-added tax) in the amount of KRW 13,950,000 (the first settlement amount) to be borne by the Plaintiff related to the automatic door from the first floor to the rooftop floor: Contract amount of KRW 2,750,000 (excluding value-added tax): The final settlement amount of KRW 2,750,000 (including value-added tax): - The first settlement amount of construction payment - the first settlement amount of KRW 87,850,450 - - 13,950,000 = 48,90,450 (NEGO 48,00,000,000), and the balance of the construction amount (or the balance of the construction amount to be paid by Defendant’s 5,750,000,000) due to the said additional settlement method: the balance of the construction amount paid by Defendant A’s nbnb’s 306,50, and 75,05.5%.

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