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(영문) 광주지방법원 목포지원 2018.04.18 2016가단56098
공사대금
Text

1. The Defendants jointly share KRW 29,907,00 with respect to the Plaintiff and the period from January 4, 2017 to April 18, 2018.

Reasons

1. Basic facts are based on the Plaintiff’s trade name “D”, and Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a food-service company, the establishment of which was completed on May 13, 2016, and Defendant C is registered as an internal director of the Defendant Company since its incorporation.

In order to implement the instant construction, the implementer C shall refer to “A” and refer to “B” to the designer D, and “A” shall enter into a contract with “B” as follows:

3. Construction amount: 112,00,000 won (including surtax); and

5. Period of construction: May 5, 2016 to May 25, 2016 (Provided, That where an extension of the period of construction is necessary due to the conditions of the requester, on-site circumstances, and circumstances, the period of construction may be extended);

6. Method of paying construction amount: (1) The payment for the down payment and the down payment: 45,000,000 won shall be made at the time of commencement of construction on May 5, 2016; and (2) The intermediate payment: 45,000,000 won shall be paid within the limit of 80% of the total amount of construction based on the performance during the construction period on May 16, 2016; and (3) Any balance: 22,00,000,000 won shall, in principle, be paid within May 31, 2016.

8. “B” for the alteration of a facility may comply with the request of “A” during or after the completion of the construction, and “A” shall additionally pay an amount equivalent to the alteration.

On May 3, 2016, the Plaintiff and Defendant C drafted a contract (Evidence A 2) containing the following contents with respect to the Escke E E tetrac E E E te te te te te te te te te te te te te te te te te (hereinafter “instant construction”).

Since then, the Plaintiff continued the instant construction, and the contents of the first design were changed at the request of the Defendants during the process.

The Plaintiff received total amount of KRW 96,640,000 from the Defendant Company until the completion of the construction work.

On June 25, 2016, the Plaintiff sent to the Defendant Company a written claim (Evidence A 6) for the payment of KRW 30,266,676 of the additional construction cost to the Defendant Company, and the Defendant Company can recognize it.

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