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(영문) 광주지방법원 2017.09.29 2016가합59367
정산금 이행청구의 소
Text

1. The Defendant: (a) KRW 363,294,149 for the Plaintiff and KRW 6% per annum from November 30, 2016 to September 29, 2017.

Reasons

1. Facts of recognition;

A. On November 25, 2014, the Plaintiff entered into a subcontract with the Hyundai Industrial Development Co., Ltd. (hereinafter “Modern Industrial Development”) with respect to the construction work for the B agricultural water reinforcement work for Kimpo-si (hereinafter “instant construction work”) from November 25, 2014 to March 1, 2018, with a construction period of KRW 2,674,096,70 of the construction amount, and around that time, the Defendant entered into a construction contract with the Defendant that the Plaintiff was paid 88% of the construction price that the Plaintiff received from Hyundai Industrial Development, and the construction work was performed by re-subcontracting the instant construction work from the Plaintiff.

B. On June 2015, the Defendant suspended construction works, and on August 26, 2015, prepared a written settlement of accounts (Evidence A2; hereinafter “instant settlement statement”) with the Plaintiff as follows:

From among projects for the reinforcement of Kimpo B, the defendant's waiver of construction in connection with the reinforcement of agricultural water will settle the accounts as follows:

- - Future -

1. Total amount paid (including value-added tax): KRW 873,581,069 (including KRW 873,581,069);

2. The amount paid in excess of the construction price (including value-added tax): One thousand nine hundred and seventy thousand won (17.410.039 won);

3. Amount of excess: One hundred and seventy thousand nine hundred and seventy thousand Won (178,983,942 won).

4. Amount unpaid as a customer (including value-added tax): One hundred and sixty million won (166,900,168 won).

5. Aggregate (234): The items 1 to 5 related to the Plaintiff and the Defendant are the item related to the Defendant, and the actual contents of the actual field shall be jointly conducted to settle the remaining materials after checking each company thereafter, and the actual contents of the actual field shall be jointly conducted to prepare the basis for the materials submitted by the Defendant [based], Gap 1 to 3, Eul 1 to 2 (including various numbers; hereinafter the same shall apply], and the purport of the whole pleadings and arguments.

2. The defendant's judgment on the main defense of this case is not prepared between the plaintiff and the defendant.

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