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(영문) 의정부지방법원고양지원 2017.10.26 2016가단27354
구상금등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 64,259,000 to the Plaintiff (Counterclaim Defendant) and its amount from November 8, 2016 to October 26, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the party is a company that operates reinforced concrete construction business, etc., and the defendant served as the plaintiff's director.

B. On April 27, 2015, the Plaintiff drafted a standard subcontract agreement for construction works, which stipulates that gold bars and concrete construction works (hereinafter “instant construction works”) among the C construction works contracted by the Gyeonggi-do Construction Headquarters (hereinafter “FC”) shall be paid to the Plaintiff during the period from May 1, 2015 to August 30, 2016, by setting the construction cost of KRW 583,000,000, and the period from May 1, 2015 to the period from August 30, 2016.

C. On June 2015, the Plaintiff drafted a construction implementation agreement with the Defendant on the following matters.

The construction implementation agreement: The construction location of 583,000,000 won among C Corporation: The construction site of 583,000,000 won: Seocho-gu Seoul Metropolitan Government Ga and 506 B.

1. Safety control: civil and criminal responsibilities for all the matters relating to the safety control in the performance of the above construction work;

2. Process management: He shall, in carrying out construction works, faithfully carry out a process management following design changes and the progress of construction in consultation with the ordering person, as well as faithfully carry out a process management following the execution of construction works;

3.Duty of Fidelity. The above construction shall be carried out in good faith and shall be in accordance with the specifications and time limits of the design and closely cooperate with the ordering person when carrying out the above construction, and shall be in full responsible due to the nonperformance of this obligation.

4. Payment method of the construction cost: Within three days after evidentiary materials of the construction cost are completed when a person receives the construction cost from the ordering office, such as the weather, completion, etc., he/she shall be fully responsible for all the expenses incurred at the construction site until the completion thereof;

All civil and criminal liabilities resulting from the delay in payment.

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