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(영문) 수원지방법원 2019.03.21 2017가합26235
공사대금
Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C Co., Ltd. shall be KRW 287,100,000 to the Plaintiff and this.

Reasons

1. Basic facts

A. Defendant B and C Co., Ltd. (hereinafter “Defendant Company”) entered into a contract for construction works on October 28, 2015.

)The construction cost of KRW 9,460,000,000 (including value added tax; hereinafter in the absence of any special explanation, the construction cost, subcontract price, etc. shall be stated in the amount including value added tax.

(2) As to the construction period from November 15, 2015 to November 15, 2016, the parking building in Gangseo-gu Seoul Metropolitan Government D (hereinafter “instant building”).

2) A new construction project (hereinafter referred to as “instant construction project”)

(c)a contract under which the contract is made (hereinafter referred to as:

The contract of this case, including the modified contract of this case, is "the contract of this case" and the contract price under the contract of this case is "the contract price of this case".

Upon entering into the instant contract, Defendant B entered into an agreement with the Defendant Company on the 25th day (25th day of each month in accordance with the fairness rate, and agreed to pay the balance of 10% after completion. (2) In the instant contract, the part of the “6. contract amount” in the “6. contract amount” stated that “the term contract amount is the amount set according to the modified design drawing, and the excessive portion after the design drawing was completed on November 5, 190, shall be mutual assistance. (Provided, That the modified amount shall not exceed 3% of the total construction cost) - Outs and files shall not be altered, and shall be limited to the excessive portion of the internal finishing.”

B. 1) The Plaintiff and the Defendant Company’s subcontract conclusion, etc. (i) the construction cost on June 7, 2016 with the Defendant Company as KRW 146,30,000 (hereinafter “instant painting construction cost”).

(2) As to the construction period from June 15, 2016 to November 30, 2016, the term of construction is from June 15, 2016 to November 30, 2016, the term “instant painting works” (hereinafter “instant painting works”).

(2) The contract under which such contract is accepted (hereinafter referred to as "the contract for painting work") shall be

(2) As of June 7, 2016, the date of entering into the instant painting construction contract, the Plaintiff and the Defendants are stipulated in the instant painting construction contract.

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