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(영문) 인천지방법원 2015.02.11 2014가단53171
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay 35,830,000 won to the Plaintiff (Counterclaim Defendant) and its full payment from August 13, 2014.

Reasons

1. The facts subsequent to the facts of recognition are recognized as either a dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence 1 to 4, Gap evidence 5-1 and 5-2.

A. A. Around December 8, 2013, the Plaintiff entered into a contract with the Defendant under which the Plaintiff was awarded a contract with the Defendant for the construction of underground earth mounds located in the restaurant C (hereinafter “instant building”) located in Jung-gu, Incheon (hereinafter “instant construction”) (hereinafter “instant contract”), and its main contents are as follows.

- Standard contract terms of construction works - Orderer: Defendant - Period of construction: on March 31, 2013, 201. / completed on March 31, 2014 - Contract amount: Value-added tax of KRW 220 million: Value-added tax of KRW 20 million: KRW 50 million; - Payment of the price;

(a) An advance payment (1) KRW 20 million which is 10% of the down payment within 10 days after concluding the contract (2) and the content and proportion of the advance payment on the date of receiving the payment from the ordering person;

(b)The method of payment (i) of 80 million won, the completed portion of which is (ii) of 40% prior to the completion of earth and sand works: payment in cash of 100%, and payment in the remainder within one month after the completion of the construction;

(c)price adjustment and payment (1) within 30 days from the date of adjustment from the date of such adjustment, in accordance with its content and proportion - special terms (2) payment within 15 days from the date of the order - the occurrence of industrial waste in the course of mining works shall be liable to the defendant.

B. As to the instant building, the Defendant obtained approval for the use on June 17, 2014, and completed registration for the preservation of ownership in the Defendant’s name on June 27, 2014, and completed registration for the transfer of ownership to new companies on July 21, 2014.

C. The Plaintiff treated industrial garbage generated from the instant construction works in KRW 5.83 million.

By July 24, 2014, the Plaintiff received KRW 190 million out of the construction price under the instant contract from the Defendant.

2. According to the above facts of recognition as to the main claim, the above facts of recognition are examined.

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