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(영문) 수원지방법원평택지원 2016.08.19 2015가단47513
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 68,892,886 and the interest rate of KRW 15.5% per annum from August 1, 2015 to the date of complete payment.

Reasons

1. Basic facts

A. A. Around December 201, 201, MD Construction Co., Ltd. (hereinafter “MD Construction”) entered into a subcontract with the Defendant for civil and construction works (hereinafter “instant civil and construction works”) out of the two stages of the Agricultural Modernization of Works for the Agricultural Mora, for which the Defendant ordered the Government’s agricultural characteristics, with the term “period: the start of December 8, 201; the completion of construction on July 31, 2013: 7,400,000 USD; the method of payment: 40%; and 60% as Korean won, and as local currency, the payment was made.”

B. From MD Construction around December 2013, the Plaintiff re-subcontracted the instant construction phase 2 OFICE SIT (hereinafter “instant construction”) with the term “period from December 10, 2013 to May 10, 2014; and the price: 207,500 USD”.

C. Upon completion of the instant electrical construction on May 10, 2014, the Plaintiff did not receive KRW 194,821,477 of the construction price from IMD Construction. Accordingly, the Plaintiff, the Defendant, and IMD Construction agreed on the payment of the unpaid progress payment on December 30, 2014 as follows.

(hereinafter referred to as the "Agreement on the Payment of the Contract Price in this case". Total contract price: 234,821,477 won (including value-added tax), 40,000 won (including value-added tax), and amount not paid: 194,821,477 won (including value-added tax)

1. Payment of 50,000,000 won immediately at the time of gold collection on December (for example), 2014;

2. 94,821,477 Won 94,821,477 paid in installments for a period of three months from February 4, 2015, irrespective of the amount of debt received from the Defendant.

3. The remainder KRW 50,000,000 is immediately paid upon the termination of the Defendant’s reservation payment on July 2015.

4. The defendant agrees to pay the remaining amount payable to the plaintiff when the above part is not fulfilled.

5. The defendant shall immediately notify the plaintiff of the payment at the time of payment to IMD Construction and verify whether the above payment method has been properly implemented, and shall directly pay to the plaintiff with respect to the remaining period of payment at the time of non-performance.

Since then, the plaintiff is KRW 80,000,000 out of 194,821,477 won from MD Construction.

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