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(영문) 창원지방법원 2014.11.20 2012가합4824
공사대금 등
Text

1. The Defendant shall start on January 26, 2012 with respect to the Plaintiff A, KRW 376,686,460, KRW 245,813,892, and each of the above amounts.

Reasons

1. Basic facts

A. From April 23, 2010 to D, C was awarded a contract for the installation of a floodgate facility in the Yeongsan and Seomjin River (hereinafter “the construction of the Seomjin River”) from the Defendant operating the construction business of facilities, etc. on November 25, 2010 to KRW 1.28,000,000 (excluding value-added tax), and C prepared and delivered a report on the performance of the construction of the facilities as follows to the Defendant:

The name of the construction project: the contract amount for the construction of the floodgate facilities in the Yeongsan River basin in the Yeongsan River basin in the amount of KRW 1,280,000,000 for the construction period by VAT: November 25, 2010 to October 30, 201 (the construction period may be changed according to the on-site conditions) (hereinafter referred to as "the construction period")

B. On December 20, 2010, the Defendant issued and delivered to C a written order (hereinafter “instant order”) stating the details of the order for the construction work in the relevant village and the construction cost of KRW 1.48 billion [the sum of value-added tax of KRW 1280,000,000 (i.e., value-added tax of KRW 1.28 billion (= value-added tax rate of KRW 1280,000 x 10%) to C.

C. C, while carrying out the concessional construction, was awarded a contract from the Defendant for the installation of a flood control floodgate (hereinafter “the instant construction”) in order to carry out the concessional construction, and the construction cost was paid according to the progress of the following process. D.

C A while performing the instant construction project, died with no child on August 29, 201, and the Plaintiffs are the first heir of C.

E. From August 22, 2011, Plaintiff A engaged in the manufacturing business, etc. with the trade name “E”, following an agreement with the Defendant, and performed some of the remainder of the construction works.

F. The Defendant paid KRW C and the Plaintiff (hereinafter “Plaintiff”) KRW 46 million on January 25, 201, and paid KRW 46 million on several occasions from February 1, 2011 to January 25, 2012.

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