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(영문) 제주지방법원 2015.10.20 2015가단4121
공사대금
Text

1. The Defendant’s KRW 97,00,000 as well as the Plaintiff’s annual rate of KRW 6% from November 26, 2014 to January 5, 2015.

Reasons

1. Basic facts

A. On April 21, 2014, the Plaintiff received a contract with the Defendant for the work price of KRW 1 billion (the actual work price of KRW 850,000,000,000 and the planning cost of KRW 150,000,00,000,000,000,000 for the construction price of KRW 850,000 and KRW 10,000,000), from May 2, 2014 to July 10, 2014, the period of construction of KRW 10,000,00,000,000 for the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior sculpture and external sculptures (hereinafter “instant construction”).

(hereinafter referred to as the “instant construction contract”) between the original and the Defendant. B.

On July 16, 2014, KRW 950,000,000 of the construction cost of the instant construction contract (the actual construction cost of KRW 950,000,000 shall be determined as KRW 850,000,000,000 and KRW 100,000,000 shall be separately determined) was reduced by value-added tax 95,50,000, and the Plaintiff paid planning fee of KRW 100,000 from the Defendant, re-written a contract under which the Defendant would subscribe to KRW 20,00,000,00 which the Defendant would issue through capital reduction (hereinafter “instant revised contract”).

C. On October 7, 2014, the Plaintiff and the Defendant drafted the following agreements (hereinafter “instant agreement”).

The plaintiff and the defendant shall agree and sign as follows:

Article 1 (Purpose) The construction amount for the instant construction project, the payment method, the responsibility for the performance of defect repair works, and the delivery of B building sites.

Article 2(1) The total construction cost of this project is KRW 1 billion (Additional dues). 2) The total construction cost includes the net construction cost of KRW 850 million, planning cost of KRW 150 million, and the cost of the project.

Article 3 (Payment of Construction Costs) The payment of construction cost shall be made by October 30, 2014, after deducting the amount prescribed in paragraphs (2) and (3) from the total construction cost already paid, and the remainder and planning fee, and value-added tax shall be paid until October 30, 2014, and value-added tax shall be paid.

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