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(영문) 수원지방법원안산지원 2015.11.12 2014가합24812
공사대금
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 6% from October 1, 2013 to November 12, 2015.

Reasons

1. Facts of recognition;

A. On December 21, 2013, the Plaintiff entered into a subcontract agreement with Nonparty Dacheon Construction Co., Ltd. (hereinafter “Dacheon Construction”) with respect to the construction of tourist hotel construction on the 9th ground level above the 3rd ground level above the Seoul Mapo-gu Seoul Mapo-gu ground that the Defendant ordered and performed by Macheon Construction (hereinafter “instant construction”) with respect to the construction of non-building walls, glass, metal and miscellaneous metal (hereinafter “instant subcontracted construction”).

Construction period: construction cost of 280,500,000 won from February 21, 2013 to March 31, 2013: Advance payment of 10,000 won shall be paid within one day after the conclusion of a contract; 90% of the completed portion shall be paid after the completion of the construction; and the balance shall be paid within 15 days after the completion of the construction.

On May 7, 2013, when the subcontracted project in this case was in progress, the Plaintiff, the Defendant paid 40,000,000 won to the Plaintiff by May 10, 2013, and additionally paid 40,000 won to the Plaintiff after the completion of construction. The Plaintiff completed the portion of external windows until May 9, 2013, and Dacheon Construction completed a notarized procedure with respect to the remaining construction cost, and completed the remaining construction cost to the Plaintiff (hereinafter “instant agreement”).

C. In addition, on June 5, 2013, Hocheon Construction drafted an official document stating that “The owner shall pay the construction cost to the Plaintiff as the top priority on July 22, 2013, including KRW 13,760,648, excluding KRW 48,40,640,00 for the portion of the glass Project at the beginning of the instant subcontract price, thereby changing the total construction cost to KRW 245,860,648, and then deducting KRW 80,000,000 for the remainder of KRW 165,860,648, 65,860,648, which was paid up until then, shall be directly paid to the Plaintiff by the owner (hereinafter “instant official document”).

The plaintiff is the subcontract price in this case.

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