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(영문) 창원지방법원 2018.11.29 2018가단108219
공사대금
Text

1. The Plaintiff:

A. As from April 11, 2018, Defendant B Co., Ltd.: 114,587,000 won; and

B. Defendant C.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on September 19, 2016

2) The construction project for the construction project of the site for the electric source housing (hereinafter referred to as the “instant construction project”) in the area of eight parcels outside the Seoul Special Metropolitan City, Chungcheongnam-gun.

As to the contract amount of KRW 370 million (excluding value-added tax), and the construction contract was concluded from September 26, 2016 to December 15, 2016 (hereinafter “instant contract”).

2) Defendant C paid KRW 10,000,000 among the construction price to the Defendant Company as a substitute after completion of the construction work, the intermediate payment of KRW 40,000,000,000 to KRW 25% of the construction price, within three days after completion of the construction work, and the remainder of KRW 120,000,000,000,000 from the remainder of the construction work (site, KRW 90,000) and the sales price ( KRW 30,000).

B. 1) The Plaintiff entered into a subcontract agreement between the Plaintiff and the Defendant Company for construction works and entered into the said subcontract agreement with the Defendant on February 15, 2017, including additional construction works (hereinafter referred to as “instant subcontract agreement”).

(A) Commencement of a construction period: The period and method for payment of completed construction cost of KRW 224,980,00 ( KRW 190,000,000 for the initial construction cost, KRW 34,980,000 for the additional construction cost, KRW 34,980,000 for the additional construction cost, and value-added tax separate) and the completed construction cost of November 25, 2016: A part of the construction cost shall be paid between November 21, 2016 and November 25, 2016, and 50,000,000 for the construction cost of KRW 80,000 for the 10,000,000 for the 10,000,000 for the 10,000,000,000 for the 10,000,000 for the remainder shall be paid after completion.

2) Defendant C prepared a written guarantee that guarantees the Defendant Company’s obligation to pay the construction price to the Plaintiff within the limit of KRW 100 million on February 21, 2017 and issued it to the Plaintiff (hereinafter “instant guarantee”).

C. The Plaintiff’s completion of construction and payment of the construction cost by Defendant Company 1) The Plaintiff completed construction works under the instant subcontract.

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