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(영문) 수원지방법원 안산지원 2017.02.17 2015가단35249
공사대금
Text

1. The Defendant’s KRW 21,145,542 as well as the Plaintiff’s annual rate of KRW 6% from March 18, 2016 to February 17, 2017.

Reasons

Facts of recognition

The plaintiff is the representative of Rotterdam Construction Business C, and D is the actual representative of the above company as the plaintiff's spouse, and the defendant is a corporation that operates the system-based service business.

On November 12, 2014, the Defendant subcontracted heating and cooling facility (hereinafter “instant facility”) among G hotel construction works in F to E to 8,000,000 won (including surtax).

On December 9, 2014, the Plaintiff agreed to change the construction cost to KRW 86,750,000 (Additional Tax Table) between H and, on February 25, 2015, the employee of the Defendant changed to KRW 86,750,00 (Additional Tax Table) when he/she had received and executed the instant facility project contract from E and executed it.

D On April 19, 2015, as the representative of the Plaintiff, agreed to assume all rights and defects of the instant facility works to Defendant I and H as the responsibility for the construction works of this case, and drafted a contract transfer/acquisition agreement to the effect that this is applied from the completion of the settlement of accounts at the above site.

On the same day, E received 63,178,500 won out of the instant facility cost from the Defendant and confirmed that 40,488,000 won out of the costs of the instant facility cost was unpaid, and that 22,690,500 won in difference was unpaid. It agreed to pay 4,00,000 won (including additional tax) out of the remainder after settling accounts with 13,890,50 won in part of the work cost of the instant facility from December 3, 2014 to April 20, 2015 to the Plaintiff on the same day, while paying 4,80,000 won (including additional tax) out of the remainder after settling accounts with 13,890,50 won in part of the work cost of the instant facility cost.

I promised to pay 18,00,000 won (including value added tax) to the Plaintiff on May 27, 2015, as Defendant guarantor, by May 28, 2015, which the Defendant promised to pay on May 15, 2015, and to pay 12,50,000 won (excluding value added tax) of the adjusted amount of additional construction works agreed upon by the Defendant until June 15, 2015.

In addition, the defendant and E confirm that the settlement of 13,890,500 won is deferred to the plaintiff on December 2014, and they are above site.

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