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(영문) 전주지방법원 2014.05.21 2013가합2268
공사대금
Text

1. The Defendant’s KRW 90,000,000 as well as 5% per annum from March 8, 2013 to May 21, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant entered into a subcontract agreement with the Defendant for the construction period of the Changho Lake Corporation (hereinafter “instant Changho Corporation”) from May 1, 2012 to December 7, 2012; the construction amount of KRW 136,300,00 (excluding value-added tax); and the metal work (hereinafter “instant metal work”) from July 23, 2012 to November 15, 2012; the construction amount of the instant construction work shall be KRW 465,00,000 (excluding value-added tax); the glass Corporation (hereinafter “instant glass Corporation”) from October 24, 2012 to December 24, 2012 to the date of construction; and the construction period of the instant construction work shall be determined separately by entering into the subcontract agreement with each of the instant construction works (hereinafter “the instant glass Corporation”); and the additional construction period shall be 136,00,000,000 won (hereinafter “the additional construction amount”); and 20,50,7,205,7.20.

B. The Plaintiff received 46,50,000 won out of the construction cost of the title, metal, glass, and additional construction and the total of 861,495,250 won (i.e., the total of 136,30,000,000 won 465,000,000 won and 29,87,500 won among the construction cost of the title, and each value added tax) from the Defendant, among the construction cost of the title, metal, glass, and additional construction, and 480,590,000 won among the construction cost of the instant metal construction, and 480,590,000 won among the construction cost of the instant metal and glass construction from Korea Broadcasting and Communications University, and 41,813,300 won among the construction cost of the instant metal and glass construction.

C. On April 2013, the Defendant applied for provisional seizure of the claim against the Plaintiff’s claim against the Daejeon District Court on the claim amounting to KRW 403,446,980, based on the Defendant’s compensation for delay against the Plaintiff, against the claim amounting to KRW 403,46,980, which was based on the Defendant’s compensation for delay, and received from Daejeon District Court the provisional seizure of claim against the Plaintiff’s claim amounting to a subcontract payment claim due to the Changho Construction Work, Metal Construction Work, and glass Construction.

On May 2, 2013, Korea Air and correspondence University is the defendant in relation to the payment of the subcontract price for the instant construction project.

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