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(영문) 수원지방법원 2016.10.12 2015가단123975
하도급대금 직접지급 청구
Text

1. The Defendant’s KRW 18,073,670 for the Plaintiff and 6% per annum from February 25, 2015 to October 12, 2016.

Reasons

1. Facts of recognition;

A. The Defendant is the contractor and the ordering person of the 1540-2 main complex construction works for the 1540-2 main complex construction works for the 1540-2 main unit in the Jeonju-si. The Defendant is the contractor who was awarded a contract with the Defendant for the construction of the Ducho Construction Co., Ltd. (hereinafter referred to as the “Ducho Construction”) during the instant construction works from the Defendant.

B. In accordance with the design plan or specifications, the Plaintiff: (a) ordered a PVC household crowdfunding, crowdfunding, post-production of gold; (b) supplied construction materials in plastic form, etc.; and (c) entered into a contract for the supply of materials to be additionally settled at the time of increase or decrease in the volume (hereinafter “instant materials”); (c) on November 19, 2014, the Plaintiff supplied 333 million won (including value-added tax) required for the instant interior works; and (d) from November 19, 2014 to December 31, 2014; and (e) supplied the instant materials to the sub-construction; and (e) the payment was made by means of “10 days following the end of the 25th of the following month after the end of the 25th of the relevant month - four months payment”; and (e) the supply of materials construction and the supply contract to be made for additional settlement at the time of increase or decrease in the volume.

C. On January 10, 2015, the Plaintiff and Shin Construction concluded a contract to increase the contract amount of the instant supply contract to KRW 38,170,000,000, and to change the payment period from November 19, 2014 to January 30, 2015.

C. Based on the design drawings, specifications, quantity, etc. of the instant construction project, the Plaintiff sent to the Plaintiff a material ordering form indicating the type, size, quantity, etc. based on the specifications, and the Plaintiff produced the instant material as the material ordering form of virtue Construction from November 2014 to February 2015, the Plaintiff supplied materials worth KRW 39,259,550 in total at the construction site of this case.

E. Deduho Construction: (a) 16,214,00 won at par value, (b) 12, 15 January 12, 2015; (c) 13,783,00 won at face value; (d) 13,783,00 won at face value on May 21, 2015; and (e) the date of issuance on February 10, 2015; and (e) the maturity date.

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