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(영문) 전주지방법원 2018.01.10 2016가합4838
공사대금 등
Text

1. The Defendant’s KRW 73,009,40 for the Plaintiff and 5% per annum from July 14, 2016 to July 10, 2017.

Reasons

1. Facts of recognition;

A. On February 24, 2015, the Plaintiff drafted a standard contract for construction contract with the Defendant with the following content:

(hereinafter “instant contract”). The name of the construction project: The supply value of new construction project: KRW 2 billion: the value-added tax amount of KRW 60 million: 2.6 billion: the actual site of KRW 2.6 billion: the actual construction period of the construction project in the Nam-gun, the Jeonnam-gun, other than the actual construction period: January 5, 2015 to September 30, 2015.

On August 20, 2015, the Plaintiff completed a new construction project under the instant contract, and entered into an agreement with the Defendant on February 24, 2016 for the payment of the unpaid construction cost with the following content:

(hereinafter “instant Agreement”). Article 1 (Unpaid Construction Costs) of the Agreement) (hereinafter “instant Agreement”). The Plaintiff and the Defendant are as of February 23, 2016, the construction cost that the Defendant did not pay to the Plaintiff with respect to the Newly-built Construction Work in the Chungcheongnam-gun, the Jeonnam-gun, the contract concluded on February 24, 2015, is as follows.

1. Amount of KRW 2.266 million, which is the contract price, and the amount of KRW 2.25.47 million, which is the difference between the amount received as a result of the contract and the amount received as a result of the contract, which is KRW 60.53 million;

2. 12,479,400 won which is the additional construction cost; and

3. Amount of KRW 210,000,000,000, which the Plaintiff lent to the Defendant, was limited to KRW 240,000,000,000.

4. At the Defendant’s request, the amounts calculated by the Plaintiff and the Defendant regarding the unpaid construction cost under Article 2 [Settlement] of Article 1, 102,646,00 won, whichever is unpaid, out of the total amount of tax accounts issued by multiple entrepreneurs who received the Plaintiff as the recipient of the Plaintiff, are as follows:

Article 1 (Methods of Payment) Article 1 (1), 2, and (3) shall be limited to KRW 20,225,141, and KRW 238,254,259,259, which shall be refunded when the unpaid amount under paragraph (4) has been fully paid from KRW 283,09,40,000, which is the aggregate of the outstanding amount and the balance of the additional construction works and the loan. Article 3 [Methods of Payment] The Defendant shall pay KRW 10 million, among the adjusted amount under Article 2, until March 13, 2016, until April 13, 2016, KRW 60,000,000 until June 13, 2016, and KRW 60 million until June 13, 2016, and until June 13, 2016; and

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