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(영문) 수원지방법원안산지원 2020.10.08 2020가합9302
공사대금
Text

The defendant shall pay to the plaintiff KRW 232,302,220 and the interest rate of KRW 15.5% per annum from October 26, 2018 to the day of complete payment.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

(a)In fact, each of the facts described below may be acknowledged, either in dispute between the parties or in Gap evidence 1 to 5 (including branch numbers), and Eul evidence 1, by taking into account the overall purport of the pleadings.

1) 원고는 건축 공사업 등을 목적으로 하는 회사이고, 피고는 토목건축공사업 등을 목적으로 하는 회사이다. 2) 원고는 2016. 4. 26.경 피고로부터 대구 C 주상복합건물 신축공사(토목, 건축) 중 전기ㆍ통신ㆍ소방전기공사(이하 ‘이 사건 공사’라 한다)를 공사대금 4,345,000,000원, 공사기간 2016. 4. 26.부터 2018. 6. 30.까지 등으로 정하여 하도급받았다

(2) On March 21, 2018, the Plaintiff sent the content-certified mail to the Plaintiff (hereinafter “instant construction contract”). Around March 21, 2018, the Defendant sent the content-certified mail to the Plaintiff as “cases related to the waiver of the instant construction contract and the termination of the contract,” and the said content-certified mail reached the Plaintiff around that time, and the main contents

Receipt: The Plaintiff’s representative director and you have the honor to waive the instant construction and terminate the contract under way by concluding the instant construction contract.

We issued the final notice of the waiver of construction and termination of the contract in relation to the instant construction contract entered into with your company in the document number D and our document number E.

In this regard, we visit the site office of 10:00 on March 21, 2018 and affix seals thereto, such as attaching all documents for the waiver of construction and termination of the contract with your company.

Attachment:

1. A written waiver of construction work;

2. Agreement on termination of the contract;

3. A written agreement;

4. A statement of accounts.

5. Each letter;

Finally. Around April 23, 2018, the Defendant sent content-certified mail to the Plaintiff under the title “a case of notifying the Plaintiff of the revised plan for the termination of the instant construction contract,” and the foregoing content-certified mail to the Plaintiff around that time.

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