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(영문) 인천지방법원 2017.02.09 2016가단233193
공사대금
Text

1. The defendant shall be the plaintiff.

A. At the same time, the warranty bond stated in the separate sheet was issued by the plaintiff, and 660.

Reasons

1. Basic facts

A. On September 24, 2014, the Plaintiff entered into a subcontract with the Defendant to pay the amount calculated by multiplying the contract amount by 1/1,000,000 won (in case of value-added tax, it shall be KRW 0,000,000,000 (in case of value-added tax, it shall be paid in cash within the 15th day of the following month after settlement of completed portion each month), the construction period from September 25, 2014 to November 30, 2014; the warranty bond rate of 3%; the warranty bond rate of 2 years from the completion date; the warranty bond period of 2 years from the completion date; and the period of completion (as of November 30, 2014) by the delayed number of days (in case the Plaintiff did not complete the construction within the contract amount).

On January 30, 2015, the Plaintiff completed the said C damping Construction Work, and was paid KRW 10 million out of the construction price by the Defendant until now.

B. On June 4, 2015, the Plaintiff entered into a subcontract with the Defendant to pay the contract price of KRW 22 million (including value-added tax, and payment in cash on the 20th day of the following month after the end of each month), the construction period from June 4, 2015 to June 30, 2015; 3% from the completion date of the warranty period; 2 years from the completion date of the warranty period; and 3% from the completion date of the warranty period; and 1/1,000, and the amount calculated by multiplying the contract price by the number of delayed days (compensation penalty) if the Plaintiff fails to complete the construction within the contract price.

The Plaintiff completed the said E-Related Construction Work on July 22, 2015, and received 9.15 million won out of the construction price from the Defendant until now.

[Ground for recognition: Facts without dispute, Gap 2, 3 evidence, Eul 1 and 2 evidence (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The assertion and judgment

A. The defendant's main defense against the defendant is from the defendant as to the plaintiff between the defendant's main defense construction work and the defendant's main defense construction work.

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