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(영문) 서울남부지방법원 2014.04.25 2013가단70839
공사대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 60,154,513 as well as 20% per annum from February 13, 2014 to the day of complete payment.

Reasons

1. Indication of claim;

A. The Plaintiff, who is a contractor, concluded the following construction contract with the Defendant as the subcontractor.

However, the 1st Corporation was concluded under the name of the representative director C of the Plaintiff, but the actual contractor is the Plaintiff.

(1) On January 11, 2013, 200: 1. 11. 11. 2. : The name of the Corporation: D Urban Residential Housing Establishment and Dismantling Part D (hereinafter “First Corporation”); 3. 280,000,000 won: the contract date: April 17, 2013; 2. 3. 3. 375,705,000 won (hereinafter “Second Corporation”); 4. 5,000 won (i) the amount deducted (ii) the amount deducted (iii) the amount of damages (iv) the amount of damages (d) the amount of damages (d) the amount of damages (d) the amount of damages (d) the amount of 280,000,000,004, 906, 3086, 3086, 308, 306, 308, 306, 308

B. The Defendant refused on-site work and suspended work since August 2013, since the construction cost received from the Plaintiff was not fully paid as Defendant’s father and material cost while entering into the first construction contract and entering into the construction site work.

Therefore, by directly managing the plaintiff, the plaintiff suffered 20,586,003 won as follows.

Unit: Won

C. The Defendant violated Article 10 of the Special Agreement in performing construction work after concluding the contract for the second construction work, and the Plaintiff’s settlement on August 12, 2013 by notifying the construction contractor of the construction work to the extent that the amount excessively paid is KRW 39,568,510 as follows.

(1) The base amount (1) (2) additional subcontract amount (2) and deduction amount (3) (2). (5) Excessive payment (=(1) 260,987,480 217,286,970 4,132,00 221,418,970 39,568,510 unit: Won

D. Therefore, the Defendant is liable to pay to the Plaintiff the amount of KRW 60,154,513 (=20,586,003 won in excess of the amount of damages under the contract for the second construction project).

2. Judgment under the Civil Procedure Act by public notice;

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