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(영문) 광주지방법원 2018.05.31 2017나63626
약정금
Text

1. The judgment of the first instance, including the Plaintiff’s primary claim and extension claims added by this court, is next to the judgment.

Reasons

1. Contract price for the first revised contract on October 4, 2013: (a) KRW 4,277,357,357,90 of the first revised contract on June 13, 2014; (b) KRW 4,536,340 of the second revised contract on April 22, 2015; (c) KRW 4,901,487,80 of the second revised contract on May 22, 2015; (d) KRW 4,659,959,690 of the last revised contract on August 6, 2015;

A. The Defendant entered into a contract with respect to the construction of a single comprehensive construction company (hereinafter “one-time comprehensive construction”) and the construction of a comprehensive funeral establishment (hereinafter “the instant construction”).

B. On May 8, 2015, the Plaintiff and the instant construction (hereinafter “instant subcontracted construction”) concluded a contract for construction with the term of 308,000,000 won (including value-added tax), the method of payment, “direct payment in the subcontract price in the place of order”, and the period from May 11, 2015 to June 5, 2015.

(hereinafter referred to as “instant subcontract”). The Plaintiff of the Plaintiff of the Japanese comprehensive construction subcontractor on June 5, 2015, among the construction works of the comprehensive funeral establishment in the name of the construction works under the agreement on direct payment of the subcontract price (No. 2). The contract amounting to KRW 4,536,340,600, the contract amounting to KRW 4,536,600 from June 13, 2014 to June 12, 2015, among the construction works of the comprehensive funeral establishment in the name of the construction works under the agreement on direct payment of the subcontract price (No. 2).

1. In the above comprehensive construction and subcontracting contract between the plaintiff, I agree between the plaintiff, the first comprehensive construction, and the defendant that the defendant shall pay the subcontract price corresponding to the portion executed by the plaintiff directly to the plaintiff pursuant to Article 35 (2) of the Framework Act on the Construction Industry.

2. The method and procedure for the direct payment of the subcontract price and the comprehensive construction on the daily basis shall be applied for by classifying the details of the part executed by the plaintiff at the time of the pre-inspection and the completion inspection, and the claim for the payment of the subcontract price shall be filed separately, and the defendant shall be the following account

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