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(영문) 서울동부지방법원 2020.03.06 2018가단14435
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The date of commencement of construction works: The date of completion of construction works on February 1, 2017: the date of completion of construction works on June 30, 2017: the contract amount: KRW 980,000,000 (excluding value-added tax): The contract amount of KRW 320,000: KRW 240,000 for the first progress payment on July 15, 2017 when the process reaches 60%: the amount of KRW 280,000 for the second progress payment when the process reaches 60%; KRW 140,000 for the third progress payment when the process reaches 90%: the number of delayed days x the contract amount x 1/1000.

A. The Plaintiff is a corporation whose main purpose is construction business and civil engineering business.

On January 24, 2017, the Defendant entered into a construction contract under which “construction of multi-household housing on the ground of Seodaemun-gu Seoul, Seoul (hereinafter “instant contract”).” The main content of the instant contract is as follows.

B. The Plaintiff did not pay the subcontract price to D (mutual name: E) a subcontractor on September 2017 while performing the construction work in accordance with the instant contract. Accordingly, D’s subcontracted work was suspended.

On September 29, 2017, the Plaintiff delivered a written waiver of construction works to the Defendant (hereinafter “instant written waiver”), and the Defendant entered into a construction contract with D and construction cost of KRW 210 million on the same day.

The plaintiff of this case waives all rights to the non-execution portion of the construction project specified below among the construction scope of the contract of this case and to the remaining construction cost of KRW 210 million.

Articles 46 and 66 of the Water Control and Flood Control Works, tidal works, stone works, wood works, metal works, brick works, glass works, painting works, painting works, swimming works, and incidental works shall correspond to the contract agreement in this case.

The plaintiff shall issue tax invoices and bonds to guarantee the performance of defects in the part other than the above waiver.

The main contents of each letter shall be as follows:

C. The Plaintiff completely suspended construction works for the first time in November 2017, and the Defendant around that time.

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