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(영문) 광주지방법원 목포지원 2018.07.25 2017가단52598
약정금
Text

1. The Defendant’s KRW 51,90,500 as well as the Plaintiff’s annual rate from September 15, 2015 to July 10, 2017.

Reasons

1. Basic facts

A. The Defendant entered into a contract for the construction of a single comprehensive construction company (hereinafter “one-time comprehensive construction”) and A (hereinafter “instant construction”) with respect to a limited liability company:

The contract price for the first installment contract on October 4, 2013: (a) KRW 4,277,357,347,90 of the first revision contract on June 13, 2014; (b) KRW 4,90 of the second revision contract on April 22, 2015; (c) KRW 4,901,487,80 of the second revision contract on May 22, 2015; (d) KRW 4,659,959,690 of the last revision contract on August 6, 2015;

B. On August 8, 2014, the Plaintiff and the instant construction works (hereinafter referred to as the “subcontract”) concluded a construction contract with the term of KRW 262,207,770 (including value-added tax), the method of payment “direct payment of the subcontract price in the place of order”, and the term from August 15, 2014 to March 15, 2015, with respect to the construction works in the instant case.

(hereinafter “instant subcontract”). The prime contract amount of the instant subcontracted part was set at KRW 316,612,618, and the said amount was maintained even when the instant construction contract was modified.

C. On August 8, 2014, the Plaintiff, the Defendant, and the Japan Comprehensive Construction agreed to pay the Plaintiff the subcontracted construction cost corresponding to the part executed by the Plaintiff among the instant subcontracted construction works, and that the Defendant shall directly pay the Plaintiff the subcontracted construction cost, and signed and sealed an agreement on the direct payment of the subcontracted construction cost as follows:

(hereinafter referred to as “instant direct payment agreement”). The Plaintiff of the Plaintiff of the comprehensive construction subcontractor on June 15, 2015, among the terms and conditions of the subcontract contract for construction works (a type) from June 13, 2014 to April 13, 2015, the subcontract price of construction works in the name of the construction works (a type) under the subcontract agreement for construction works (a type) under the name of the construction works (a type) under the contract for the subcontract is 262,207,70 won from August 8, 2014 to March 15, 2015.

1. The subcontract price corresponding to the portion executed by the plaintiff in the above comprehensive construction and the subcontract between the plaintiff.

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