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(영문) 서울동부지방법원 2016.01.29 2015가합100875
공사대금
Text

1. The Defendant’s KRW 82,50,000 as well as the Plaintiff’s annual rate of KRW 6% from January 13, 2015 to January 29, 2016.

Reasons

1. Facts of recognition;

A. On November 12, 2012, the Defendant received a contract from A to December 30, 2013 with the construction cost of 2,400,000,000 of the construction cost of the new urban-type housing construction project in Seoul Jung-gu and C (value added tax; hereinafter the same shall apply) and the construction period from November 12, 2012 to November 30, 2013.

After that, on October 2013, the above Corporation was changed to a new hotel construction project according to the change of building use.

(hereinafter referred to as the “instant construction,” in total, of the construction works the Defendant received.

On April 23, 2013, the Plaintiff received a subcontract from the Defendant during the instant construction period of KRW 374,00,000 of the construction cost and from April 1, 2013 to October 30, 2013 of the construction period.

(hereinafter referred to as “instant subcontract”). (c)

(1) On December 5, 2013, the Defendant entered into a construction agreement with F Co., Ltd. (hereinafter “F”) to jointly transfer the instant construction contract including the cost of construction.

(2) On December 6, 2013, the Defendant submitted a written waiver of the instant construction work to A.

(3) On December 26, 2013, A shall report construction participants to the Jung-gu Seoul Metropolitan Government Office “owner A, Defendant, and contractor: Defendant” with “owner A, contractor: F,” and received a report completion certificate from the Jung-gu Seoul Metropolitan Government Office on December 31, 2013.

(4) On January 7, 2014, Defendant, F, and A entered into a contract with an international trust company, which is an agent for fund management, for the instant construction project, to the effect that “F will take over all the duties, responsibilities, and rights of the Defendant under the loan management contract entered into on July 13, 2013 for the instant construction project as it is.”

(1) On December 10, 2013, the Plaintiff drafted a construction contract agreement between F and the instant construction work cost of KRW 373,000,000 and the construction period from December 10, 2013 to April 30, 2014.

(2) On April 5, 2014, the Plaintiff drafted a modified contract agreement (settlement) with F as follows.

Article 1 (General Provisions): 2nd to fourth floor above the ground (Defendant) and second construction:

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