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(영문) 대전지방법원 서산지원 2018.11.22 2018가합212
약정금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 151,878,00 and KRW 75,939,00 among them, from May 1, 2018.

Reasons

1. Basic facts

A. On October 2016, the Plaintiff subcontracted the instant construction to Defendant B (hereinafter “Defendant Company”) for construction cost of KRW 120 million and completed the instant construction work, from among the construction works for the new construction of the D-Ground D ground apartment (hereinafter “instant construction”).

B. On April 19, 2017, the Plaintiff and the Defendant Company agreed to determine the construction cost of the instant construction as KRW 42,939,000, and pay the Plaintiff the said construction cost of KRW 42,939,000 by May 10, 2017. If the Defendant Company fails to pay the construction cost by the payment date, the Plaintiff and the Defendant Company agreed to pay the Plaintiff in addition to the rent at the rate of KRW 3,000 per annum and damages for delay at the rate of KRW 20,00 per annum.

C. The Defendant Company failed to pay the construction price to the Plaintiff by May 10, 2017. Accordingly, the Plaintiff notified the payment of the construction price to the Defendant Company on May 31, 2017 and June 7, 2017, but even thereafter, the Defendant Company failed to pay the construction price to the Plaintiff.

On September 18, 2017, the Plaintiff filed an application for provisional attachment of investment certificates with respect to the FFFFF of the Defendant Company as the claim for the payment of the construction price against the Defendant Company. On September 27, 2017, the lower court rendered a provisional attachment order on September 27, 2017.

The name of the construction project: The owner of the non-defense and railing construction project from among the construction sites of the apartment new construction project: The subcontractor of the Defendant Company: The amount of the Plaintiff’s construction project: The amount of the final agreement of KRW 75,939,000 per day: KRW 40 million per day.

1. The defendant company shall make a final agreement on the above amount as wages under the Labor Standards Act to the plaintiff, and pay the agreed amount of KRW 40 million to the plaintiff, and the payment method, time, etc. shall be as follows.

(1) Time: The method of payment (2) from March 30, 2018 (which may be extended once to June 30, 2018) to June 30, 2018: The payment shall be made in four installments on the 30th day of each month.

2. The Defendant Company shall pay a day.

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