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(영문) 제주지방법원 2019.02.12 2018가단58570
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 47,00,000 and the interest rate of KRW 15% per annum from June 8, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Upon receipt of a contract on August 1, 2016, the Plaintiff entered into a construction subcontract agreement with the Defendant, among the construction works of urban-type residential housing under C on the ground of which the contract was concluded on August 1, 2016, with the content that the construction cost shall be KRW 100,000,000 for the construction cost (value 0,000,000 for the supply price) and the construction period shall be from August 1, 2016 to January 15, 2017. The Plaintiff and the Defendant entered into an agreement with the Defendant to pay the construction cost of KRW 150,000,00 (including value-added tax) for the difference between the actual construction cost and the construction cost under the said agreement, immediately after the Plaintiff deposits the Defendant’s bank account, the Defendant agreed that the remainder shall be deducted from the above difference to the indirect construction cost (value-added tax) and return it to the Plaintiff.

B. On November 30, 2016, the Plaintiff and the Defendant agreed to change the construction cost of the said construction subcontract from KRW 110,000,000 to KRW 110,000,000. Accordingly, the Plaintiff and the Defendant again concluded a contract to change the construction cost of KRW 160,000,000, not the actual construction cost, but the actual construction cost. However, upon deposit to the Defendant’s bank account immediately after the Plaintiff deposits the difference between the actual construction cost and the construction cost under the said contract, the Defendant agreed to pay the remainder to the Plaintiff after deducting 50,00,000 won from the said difference from the indirect cost of purchase, etc. (construction installment) and return the remainder to the Plaintiff.

C. The new urban residential housing construction corporation that the Plaintiff received a contract was completed on or around January 18, 2017. The Plaintiff paid the Defendant a total of KRW 160,000,000 on September 15, 2016, and KRW 5,000,000 on September 26, 2016, and KRW 58,000,000 on October 26, 2016, and KRW 20,000 on November 28, 2016, and KRW 10,000,000 on December 27, 2016, and KRW 160,000 on March 22, 2017, KRW 160,000,000 on the construction price and KRW 160,000 on March 20, 200.

[Reasons for Recognition] A. The defendant shall have a part of defendant's title.

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