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(영문) 창원지방법원 2015.12.08 2015나2328
공사대금
Text

1. Of the judgment of the first instance, the Defendant’s KRW 11,929,577 and its relation to the Plaintiff shall be annually from July 2, 2013 to December 8, 2015.

Reasons

1. Basic facts

(a) The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in each entry in Gap evidence 1, Gap evidence 2-1, Eul evidence 2-1, Eul evidence 2-1, 2-11:

1) On February 16, 2012, the Plaintiff’s electrical construction among the new factories of the Yangsan C&C corporation (hereinafter “instant construction”) between the Defendant and the Defendant.

(2) As to the construction cost of KRW 290,000,000 (excluding value-added tax; hereinafter “instant construction cost”).

(A) From February 20, 2012 to June 30, 2012, upon entering into a construction contract, the following agreements were concluded. The construction cost includes KRW 145,13,918 of the materials that the Defendant supplies to the Plaintiff (hereinafter “the instant supply materials”).

B) 10,000,000 won as an advance payment for the construction cost, at the time of the conclusion of the contract, after the completion of the steel-frame construction, the remainder shall be paid within seven days after the completion of the steel-frame construction. 2) The Plaintiff completed the instant construction project around June 30, 2012, which is the end of the construction period.

3) The Defendant remitted 10,00,000 won 10,000 won 10,000,000 won 25,000,000 won on March 9, 2012 20,000 won 310,000,000 won for private capital (H) 20,000,000 won on June 11, 2012, 200,000 won 410,000,000 won on July 10, 2012, 20,000 won 10,420,00,000 won on July 23, 2012, 200, 20,000 won for construction payment of 0,000,000 won 10,000 won for private capital (E) 670,00,0000,000 won for construction payment of the instant case 20.30,05.

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