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(영문) 의정부지방법원 2017.09.14 2016나7228
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Comprehensively taking account of the overall purport of arguments in Gap evidence No. 1, Eul evidence No. 2, Gap evidence No. 2, Eul evidence No. 3, Eul evidence No. 4, and Eul evidence No. 1, the defendant entered into a construction contract with Eul on June 15, 2015 with regard to the construction work of detached Housing Units C (the place: Goyang-gu E; hereinafter "the construction work of this case") at KRW 3,00,000 per average construction cost; ② the plaintiff received a subcontract part of the pelto work of this case and completed the subcontract; ③ the defendant agreed on August 18, 2015 to pay the Plaintiff construction price of KRW 63,720,000 which was not paid out of the aggregate construction cost of KRW 180,00,000,000 to KRW 15,00,000,000 before the same day; and ④ the defendant agreed to pay the construction price of this case to the plaintiff (the construction price of this case).

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 48,720,000 and delay damages pursuant to the agreement of this case, unless there are special circumstances.

2. Judgment on the defendant's defense, etc.

A. The Defendant’s evidence No. 1 (a) and judgment on the forgery of the evidence No. 1) are the evidence No. 1 (a written agreement prohibiting the substitution of construction works, hereinafter “instant agreement”).

(2) The content of the instant agreement is as listed in the following table.

The payment agreement for the construction cost will not be in progress in the event that the payment for the construction cost is not made in the amount of KRW 48,720,000,000 in the amount of KRW 63,720,000,000,000,000,000 in total amount of KRW 63,720,000.

A project owner: He/she shall present a certificate of deposit without passbook, and shall pay G for presentation of the certificate of deposit without passbook.

A Owner B G 8/18 of the construction contractor B G 8/18, and there is no dispute.

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