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(영문) 서울서부지방법원 2015.07.17 2014가단219104
공사대금
Text

1. The Defendant’s KRW 55,221,305 as well as the Plaintiff’s annual rate from July 9, 2014 to July 17, 2015, and July 18, 2015.

Reasons

1. Facts of recognition;

A. On March 11, 2013, the Plaintiff entered into a contract for a construction project with a limited company (hereinafter “Hax Construction”) with respect to tin construction among the newly constructed multi-household housing on the ground of Gyeonggi-si, Gyeonggi-gu, the ordering person, determined the construction period from March 12, 2013 to May 30, 2013; the contract amount shall be KRW 23,100,000 (including value-added tax). The time and method of payment of completed portion shall be paid at the request of the Plaintiff at the rate of fairness; and the contract for a construction project that shall be paid at the request of the Plaintiff according to the standards for direct payment of the subcontract amount (hereinafter “instant subcontract agreement”), and agreed as follows under special terms and conditions of the contract.

1) The construction cost shall be substituted by a direct payment agreement for the subcontract price, and as regards the construction cost, A (TTT) shall not be responsible and the ordering person shall be responsible for it. (Special Conditions 2) The scope of each type of work shall be as follows:

(Special Conditions of Contract 3)

1. All of the stone works;

2. Adjustment of actual quantity after the completion of construction work;

B. On March 26, 2013, the Plaintiff: (a) determined the construction period for tin works among the newly constructed multi-household 3 lots of land outside Pyeongtaek-gun, Gyeonggi-gun, the project owner; (b) the contract amount shall be 23,100,000 won (including value-added tax) from April 1, 2013 to May 30, 2013; (c) the payment of the completed portion shall be made at the time of filing a claim in accordance with the fair payment agreement; and (d) the construction contract (hereinafter “instant B B B B subcontract”), under the special terms and conditions of the contract.

The same provision has the same provision.

C. On March 28, 2013, the Plaintiff: (a) determined the construction period for tin construction among Newly constructed multi-household housing on the G G G G G G G G G G G G, the ordering entity; and (b) determined the contract amount as KRW 23,100,000 (including value-added tax) and filed a claim for the time and method of the completed portion payment.

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