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(영문) 전주지방법원군산지원 2014.02.19 2013가단5874
공사대금
Text

1. As to the Plaintiff KRW 26,209,464 and KRW 10,500 among them, the Defendant shall pay to the Plaintiff KRW 26,209,464 from April 20, 2013, and KRW 10,709,464.

Reasons

1. Facts on the premise (1) The Plaintiff is engaged in civil engineering works and construction materials leasing business in the trade name called B.

② On October 3, 2012, the Plaintiff and the Defendant concluded a construction subcontract for the construction work of KRW 345,00,000 with respect to household facilities construction work among the new construction works of Jung-Eup, which the Defendant contracted (hereinafter “instant subcontract”) and the construction period from October 3, 2012 to March 3, 2013 (hereinafter “instant subcontract”).

According to the specifications made at the time of the conclusion of the instant subcontract (hereinafter “instant specifications”), H-sn beam quantities to be inserted are 158.603 tons, and estimated amount including all the expenses incurred in installing, dismantling, bringing in, and taking out household facilities is 345,247,418 won.

③ The Plaintiff completed the construction of a provisional facility under the instant subcontract, including the increase and decrease in quantity following partial design changes, and the Defendant paid the Plaintiff KRW 300,000,000 as progress payment by April 2013.

④ On April 17, 2013, the Plaintiff and the Defendant concluded a contract for material extension lease (hereinafter “instant extension lease contract”) with the rental period of about six months from April 17, 2013 to around 120.115 tons (the extended rental fee shall be settled as the date of removal after decommissioning), and the lease amount of KRW 35,000 per ton (the payment of the rent shall be made on April 17, 201 and the direct approval shall be made to the Plaintiff or D).

⑤ From April 17, 2013 to 2013

4. By the end of 22.3 times, the Defendant sent a notice to the sn beamline and the sn beam board notifying the Defendant that the unpaid construction cost and the rent for materials will be paid and that the contract period will expire.

④ On April 22, 2013, the Plaintiff filed an application for the instant payment order with the Defendant for the remainder of KRW 50,000 ( KRW 345,00,000 on the contractual basis - KRW 295,000 on the contractual basis).

7) On May 8, 2013, the Defendant instructed the Plaintiff to remove H-sn beam 9.4 tons, which was dismantled by the Plaintiff, on the spot. On May 13, 2013, the Defendant instructed the Plaintiff to dismantle the facility.

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