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(영문) 서울동부지방법원 2015.10.05 2013가단48372
공사대금 등
Text

1. Defendant B’s KRW 3,331,052 as well as 5% per annum from September 17, 2013 to October 5, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On May 23, 2013, Defendant Sungan Construction Co., Ltd. (hereinafter “Defendant Sungan Construction”) was awarded a contract on May 23, 2013 for the construction of a neighborhood living facility (the fifth floor above the ground, the first floor below the ground, and the rooftop) located in Gyeonggi-si (hereinafter “instant construction”) at KRW 500,00,00 (excluding value-added tax) and October 15, 2013, respectively.

B. On the same day, Defendant Sungan Construction subcontracted the parts of the instant construction, including value-added tax, to Defendant B, for each of the following terms: (a) the period from May 23, 2013 to October 5, 2013; and (b) the period from May 23, 2013 to October 2013.

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

Defendant B re-subcontracted to the Plaintiff on June 8, 2013 as the construction cost of KRW 83,660,00, and the period from June 8, 2013 to August 2013 (70 days after the contract) (hereinafter “instant re-subcontract”); and the agreed methods of payment are as follows.

(2) 15,00,000 won after the removal of the first floor (3) 20,000 won after the removal of the third floor (4) 20,000 won after the removal of the fifth floor (5,000,000 won after the removal of the third floor (6) 10,000,000 won after the removal of the third floor (6) 3,60,000 won after the removal of the third floor.

D. On July 4, 2013, Defendant B drafted and issued a written confirmation to the Plaintiff that “the additional amount of KRW 3 million generated at the E-site shall be paid at the time of the last payment.”

E. The Plaintiff continued the instant structural construction until August 27, 2013.

F. On August 29, 2013, the Plaintiff sent to the Defendants, without paying the construction cost, a content-certified mail to the effect that the Defendants returned construction materials because they had concealed the Plaintiff at the construction site of this case, and filed the instant lawsuit on September 10, 2013.

G. On August 20, 2014, the instant lawsuit was pending, Defendant B returned the Plaintiff’s construction materials remaining at the construction site of the instant construction project.

[Ground of recognition] dispute.

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