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(영문) 인천지방법원 2018.09.04 2017가합55793
공사대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 133,00,000 and the interest rate thereon from July 11, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff, including the conclusion of the Defendant B’s subcontract, entered into a number of contracts with the Defendant B (hereinafter “B”) as follows.

1) On May 24, 2014, Defendant B entered into a subcontract with each of the contract amount of KRW 16,500,000 (including value-added tax) with respect to the draft panel construction among the multi-company Co., Ltd. and the Kimpo-si D kindergarten Construction Works in the Housing Site Development Zone E, and the construction period of May 24, 2014 through June 15, 2014. (2) Defendant B entered into a subcontract with each of the following subcontract on September 22, 2014: the contract amount of KRW 26,40,000 (including value-added tax) with respect to the draft panel construction among the international special industry Co., Ltd. and the F new construction works; and the construction period of each of the subcontract by the end of September 22, 2014 to October 20, 2014.

3) On June 24, 2015, Defendant B entered into a subcontract with each of the contract amount of KRW 24,200,000 (including value-added tax) for the Kg group construction and the Sgishing construction among the new construction works of Pyeongtaek-si and Pyeongtaek-si H kindergarten, and the construction period from June 25, 2015 to August 10, 2015. (4) Defendant B entered into a subcontract with each of the following agreements on October 9, 2015: (a) the contract amount of KRW 24,745,00 (including value-added tax); (b) the period of construction from October 9, 2015 to November 10, 2015; and (c) the amount of each subcontract was modified to KRW 10,000,000 (including value-added tax).

5) On November 17, 2015, Defendant B entered into a subcontract with respect to the Dagll Construction among the International Funeral Industry Co., Ltd. and the Guri-si J kindergarten New Kindergarten Construction Co., Ltd. (including value-added tax) on the contract amount of KRW 8,250,00 (including value-added tax) and the construction period of November 18, 2015 through January 14, 2016, and the contract amount of KRW 3,300,000 (including value-added tax) was changed to the contract amount of KRW 3,30,000 (including value-added tax) on December 20, 2015; Defendant B entered into a subcontract with respect to the Dag group Construction among the new construction of the International Funeral Industry Co., Ltd. and the K Child Care Center Construction Co., Ltd. and the Korea Child Care Center Construction Co., Ltd. by the period of their respective subcontract on December 21, 2015.

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