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(영문) 서울남부지방법원 2014.04.04 2013가단208191
공사대금
Text

1. The construction of the defendant corporation, the United Nations General Construction Co., Ltd. and the Dong Young General Construction Co., Ltd. shall be jointly and severally conducted on the plaintiff 28,280.

Reasons

1. Basic facts

A. A. Around January 2013, Defendant Loen General Construction Co., Ltd. (hereinafter “Defendant Loen General Construction”) entered into a contract with Defendant A for the new construction of accommodation facilities of the first and nine stories above ground level B in Eunpyeong-gu Seoul and the nine stories above ground level (hereinafter “instant new construction”) (hereinafter “instant new construction”) (this case’s new construction is in fact referred to as “Defendant Loen General Construction”) and Dong Young General Construction Co., Ltd. (hereinafter “Defendant Dong Young General Construction”).

A) Around January 26, 2013, the instant new construction works entered into a subcontract with the Plaintiff with the following contents, which entered into a contract with the Plaintiff for removal and rupture (hereinafter “instant subcontracted works”).

(1) Construction period: From January 26, 2013 to February 28, 2013, the contract amount: 61,600,000 won (including value-added tax) ③ The payment method of the price (hereinafter referred to as “the subcontract price in this case”): The advance payment method: 20%, 12,320,000 won, and the portion completed in accordance with the contents and ratio thereof within 15 days from the contract date or the contract date.

B. After that, the Plaintiff received respectively KRW 12,320,000 as of February 5, 2013 of the instant subcontract consideration, and KRW 5,000,000 as of February 21, 2013.

C. On March 20, 2013, the Plaintiff and Defendant Loen General Construction, and Defendant Dong Young General Construction agreed to pay KRW 44,280,000 in advance of the subcontract price of this case to the Plaintiff on March 31, 2013, if the Plaintiff’s sn beamline and sn beam beamline of the hn beam of the hn beam of the hn beam of the hn beam of the hn beam of the hn beam of the hn beam of the hn beam of the hn beam of the h

(hereinafter “instant agreement”). D.

The Plaintiff was paid KRW 16,00,000 out of the subcontract price of the instant case on April 3, 2013 following the completion of the instant subcontracted project by March 22, 2013.

[Ground for Recognition: Facts without dispute, Gap evidence 2, Gap evidence 5-8, the purport of the whole pleadings]

2. Defendant.

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