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(영문) 의정부지방법원 2018.12.13 2018가합50833
공사대금
Text

1. The Defendant’s KRW 328,980,00 for the Plaintiff and KRW 5% per annum from September 3, 2016 to March 14, 2018.

Reasons

1. Basic facts

A. On March 24, 2014, the Plaintiff and the Defendant entered into a subcontract with the amount of KRW 143,280,000 on the construction cost for the unused and waterproof construction among the newly constructed urban-type residential housing construction works located in Dobong-gu Seoul Metropolitan Government D, and entered into a subcontract with the Seoul Dobong-gu, which sets the construction cost of KRW 155,70,000 on the unused and waterproof construction works among the newly constructed urban-type residential housing construction works located in Dobong-gu, Seoul, and thereafter, entered into a subcontract with the Defendant to set the construction cost of KRW 40,00,000 on the newly constructed urban-type residential building

(hereinafter referred to as "each of the instant construction works" and "each of the instant subcontracts" collectively mean "each of the instant construction works," and the object of each of the instant construction works is collectively referred to as "each of the instant buildings."

On May 26, 2015, the Defendant: (a) as to the construction cost of each of the instant construction works, the Plaintiff prepared and drafted a certificate of construction price confirmation stating that “10,000,000 won out of the total construction cost of KRW 338,980,000 shall be paid on May 30, 2015; (b) the remainder shall be KRW 210,000,000 out of KRW 328,980,000,000 in the G building located in Dobong-gu Seoul Metropolitan Government E; and (c) the remainder shall be paid KRW 118,980,00,000 in the mutual consultation; and (d) the balance shall be paid KRW 125,00,00 in the form of cash settlement condition at the time of transfer of ownership at the same time as Dobong-gu Seoul Metropolitan Government and E.

C. After that, on July 6, 2015, the Plaintiff and the Defendant concluded an agreement with the purport that “The amount should be paid in cash at the time of completion of construction and transfer of ownership of each of the instant buildings, although the Plaintiff and the Defendant decided to pay KRW 210,000,000 among the construction cost of each of the instant construction cost, as H of the Dobong-gu Seoul Metropolitan Government G Building:

Since then, in relation to the payment of each of the construction costs of this case, the plaintiff and the defendant shall again pay the G building I and Jho (hereinafter "G building I and Jho") located in Dobong-gu Seoul Metropolitan Government, in lieu of the payment of each of the construction costs of this case, and the sales contract for G building I and Jho on August 19, 2015 each of the instant cases.

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