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(영문) 인천지방법원 2016.02.12 2015가단19017
공사대금
Text

1. The Plaintiff:

A. Defendant Daeyang Construction Co., Ltd.: 42,794,851 won and its related thereto from May 29, 2014 to April 13, 2015.

Reasons

1. Basic facts

A. On November 18, 201, the Incheon Metropolitan City Waterworks Business Headquarters, the project owner, entered into a contract for D re-construction (civil engineering, machinery, construction, landscaping) with Defendant B Co., Ltd. (hereinafter “B, etc.”) and C Co., Ltd. (hereinafter “B, etc.”). On November 5, 2012, B, etc., the original contractor, entered into a subcontract agreement with Defendant Daeyang Construction Co., Ltd. (hereinafter “Seoul Construction Co., Ltd.”) for the construction of structures during the said construction (hereinafter “instant construction”) with the contract amount of KRW 1,147,410,00 (including value-added tax) and the construction period from November 9, 2012 to May 25, 2013.

On November 2012, Daeyang Construction entered into a contract for construction re-subcontracting the instant construction project at 780,800,000 (excluding value-added tax) with the Plaintiff operating the “E”.

(hereinafter “instant construction contract”). B.

On April 2, 2014, Daeyang Construction submitted to B, etc. a statement of reasons for the waiver of construction and a statement of reason for the waiver of construction. On the same day, it drafted a written agreement on the waiver of construction as KRW 1,049,620,000 (including value-added tax) on the same day.

In addition, Daeyang Construction and B drafted a written agreement on the settlement of accounts related to the four kinds of construction including the instant construction works on the same day (hereinafter “instant agreement”), and in relation to the instant construction works, B has agreed to manage KRW 26,745,540, which is unpaid to the Plaintiff until the completion of the relevant construction works, until the completion of the relevant construction, and it has to make payment within the extent of April 15, 2014 after the settlement of accounts within the said amount.

C. Dreconstruction, including the instant construction, was approved on May 21, 2014.

On May 28, 2014, B, etc. drafted a written agreement on completion settlement that confirms that the final settlement amount is zero won.

E. Meanwhile, the Plaintiff.

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