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(영문) 대구지방법원서부지원 2019.07.18 2017가합50922
공사대금
Text

1. The Defendant’s KRW 243,686,460 among the Plaintiff and KRW 59,400,000 among the Plaintiff, shall be KRW 184,286,460 from April 1, 2016.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) C Co., Ltd. (hereinafter “D”) around March 2015

(2) The building of this case shall be referred to as the “building of this case”

D) around May 2015, F Co., Ltd. (hereinafter “F”) was awarded a contract for new construction.

(2) Around May 2015, F entered into a contract with G Co., Ltd. (hereinafter “G”) to provide a subcontract for construction cost of KRW 50 million (hereinafter “existing Facility Construction Contract”) during the said construction. G entered into a contract with the Plaintiff on June 2015 to set the cost of construction for the said construction as KRW 50 million (hereinafter “existing Facility Construction Contract”).

3) G performed the instant construction work by around August 2015 through the Plaintiff and renounced the said construction work. Since Article 1 (Contracting Party to the Construction Contract: F, Supplier: Plaintiff 2 (Name of Construction Work) of the instant building construction work (the cost of the instant construction work), the amount may increase, and the additional materials (H-sn beam, steel bars) cost of KRW 40 million shall be separately settled. The contract amount: Article 8 (Payment of Additional Amount) F shall pay the amount executed by the Plaintiff once a month and within one month after the completion of the construction work. Article 9 (Special Provisions) shall be granted in cash.

3. The progress payment and the deductible amount for the month of June, July and August, 2015 shall not be included in the amount provided for in Article V.

4) On September 1, 2015, the Plaintiff directly entered into a subcontract for household installation works with F (hereinafter “instant home installation works contract”) with F.

(5) The Defendant succeeded to F’s contractual status under the instant facility construction contract, and the Plaintiff entered into a contract with the Defendant on November 2015 for installation works of double-public facilities at KRW 54 million (Additional Tax) and entered into a contract with the Defendant on November 12, 2015.

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