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(영문) 서울남부지방법원 2015.07.02 2014가합104682
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) C shall pay 150,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from June 26, 2014.

Reasons

Basic Facts

On January 16, 2012, the Defendants entered into a contract with the Defendants to enter into a contract for the construction of the construction of the land officetel E (hereinafter referred to as the “instant building”) at the time of the construction period from February 15, 2012 to July 15, 2013 (hereinafter referred to as the “instant construction”) with the construction period fixed at 11,90,000,000 of construction cost (excluding value added tax) and 3/1,000 of liquidated damages (hereinafter referred to as the “instant prime contract”).

The Defendants and the Large-Scale Construction set the final construction cost as KRW 13,409,000 (including value added tax) through a modified contract on November 1, 2013.

On April 25, 2012, while the plaintiffs were operating an electrical construction company with the trade name of "F" as the same business, the plaintiffs entered into a contract to receive a subcontract for the electrical construction of the instant construction (hereinafter referred to as "the instant subcontract") at the cost of construction 970,000,000 (excluding value-added tax) and the construction period from April 25, 2012 to July 15, 2013, with 3/1,000 of the liquidated damages rate (hereinafter referred to as "the instant subcontract").

The contract price under the above contract was a condition that 50% of the construction cost shall be paid at the end of two months, and the remainder of 50% shall be paid within 60 days after completion.

Around July 2013, Dae General Construction and the Plaintiffs changed the construction period of the instant electrical construction into December 31, 2013. On January 27, 2014, the Plaintiffs changed the total construction cost into KRW 1,127,500,000 (including value-added tax) by reflecting the construction cost of KRW 55,00,000 (excluding value-added tax).

The Plaintiffs had Nonparty G Co., Ltd. (hereinafter “G”) and H, the representative director thereof perform the instant electrical construction.

On the other hand, on March 1, 2012, the plaintiffs were 485,00 construction costs for electrical construction among the new construction works of the Gangdong-gu Seoul Metropolitan Government I building (hereinafter "I Electric Construction").

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