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(영문) 의정부지방법원 2015.02.12 2013가합8455
공사대금
Text

1. The defendant shall pay 148,200,000 won to the plaintiff and 20% per annum from July 30, 2013 to the day of complete payment.

Reasons

Basic Facts

On January 18, 2012, the Defendant concluded a contract for a construction project with the construction cost of KRW 2.1 billion and the construction period from January 20, 2012 to December 30, 2012, on April 25, 2012, the Jongno-gu Seoul Metropolitan Government Construction Co., Ltd. (hereinafter referred to as “Mati Construction”) for the construction of a main complex building on the ground of land B and four parcels (hereinafter referred to as “instant building,” and the said construction is referred to as “instant construction”).

On April 3, 2012, the Defendant completed the instant construction project with the price of Marti Construction and its completed construction as KRW 460 million (including value-added tax).

On April 25, 2012, Hoeo Comprehensive Construction Co., Ltd. (hereinafter “Yeo Comprehensive Construction”) entered into a construction contract with the Defendant for the instant construction project with the term of KRW 1,681,818,182 (excluding value-added tax) and from April 25, 2012 to December 31, 2012 with regard to the construction period, and entered into a construction contract with the Defendant for the term of contract from April 25, 2012. Pursuant to paragraph (13) of the said construction contract, the term “total contract amount: KRW 460,000 (including value-added tax) of 2.1 billion of the construction contract amount.”

On the other hand, on the same day, the construction contract was also drafted for the construction contract that the Defendant and the instant construction work are to receive by fixing the construction cost of KRW 2.18 billion (including value-added tax) and by the period from April 25, 2012 to December 31, 2012. The said construction contract was accompanied by a written estimate of KRW 2.180,000,000,000 for total construction cost.

On June 1, 2012, Jungeo Construction entered into a subcontract with the Plaintiff on the period from June 1, 2012, setting the construction cost of KRW 343.2 million (including value-added tax) and the construction period from June 1, 2012 to December 31, 2012.

(hereinafter “instant subcontract”). On January 17, 2013, the Plaintiff drafted a written agreement with the Defendant (hereinafter “instant written agreement”) as indicated below, and the Defendant on January 18, 2013.

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