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(영문) 서울동부지방법원 2019.11.15 2017가합111398
공사대금
Text

1. The defendant,

A. As to KRW 595,100,000 and KRW 269,50,000 among the Plaintiff Company A, the Plaintiff Company from July 1, 2016 to KRW 325.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a corporation mainly engaged in indoor construction business, and Plaintiff B is the representative director of the Plaintiff Company.

The defendant is a corporation that operated a pro rata chain store in the mutual name of "D".

B. On March 25, 2016, the Plaintiff Company and the Defendant concluded a contract for a construction project with the Plaintiff Company on the terms and conditions that the Defendant contracted for the interior construction works of D Lestop (hereinafter “D Young Store”) as KRW 230,100,000 (including value-added tax) for the construction cost. On May 31, 2016, the construction cost under the said contract was changed to KRW 269,50,000,000,000,000 among them, to pay KRW 219,50,000 until June 10, 2016, and the remainder of KRW 50,000 by June 30, 2016 (hereinafter collectively referred to as “D Young Store Construction Contract”).

Plaintiff

The company completed the interior construction work of D Youngpool store according to the above construction contract.

C. On March 30, 2016, the Plaintiff Company and the Defendant concluded a contract for a construction project with the Plaintiff Company on the terms that the Plaintiff Company contracted the interior building works of D Lestop (hereinafter referred to as “D Northern datum”) as KRW 310,350,000 (including value-added tax) for the construction cost. On May 31, 2016, the Plaintiff Company and the Defendant concluded a contract for a modification to the terms that the construction cost under the said construction contract shall be changed to KRW 325,60,000,000 and shall be paid by June 10, 2016 (hereinafter referred to as “the construction contract with the above construction contract”).

Plaintiff

The company completed the interior construction work of D Northern datum under the above construction contract.

Plaintiff

B transferred total of KRW 261,349,051 to the Defendant’s or Defendant’s employees from June 21, 2016 to September 7, 2016.

【Ground for recognition】 The fact that there has been no dispute, Gap 1 through 5, 12, and 13 (including each number, if any; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. The plaintiff company.

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