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(영문) 인천지방법원부천지원 2015.05.20 2014가합3091
추심금
Text

1. The Defendant: (a) KRW 112,594,451 to the Plaintiff; and (b) KRW 5% per annum from April 29, 2014 to May 20, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The construction subcontract agreement between the Defendant and New River Construction Co., Ltd. (hereinafter “New River”) is concluded only with the New River Co., Ltd. (hereinafter “New River”).

(1) As between January 14, 2013, the Defendant and the Defendant, the New Construction Corporation of the Kimcheon-U.S. Science Museum (hereinafter “instant First Construction Corporation”) among the construction works of the Kimcheon-U.S. Science Museum from the Defendant.

) A subcontract for construction works was concluded with the content that the contract amount shall be fixed as KRW 356,39,963 (including value-added tax) and the period of construction from January 14, 2013 to May 14, 2014 (hereinafter “instant first subcontract”).

(2) On April 8, 2013, 201, the New Tranc Building concluded a subcontract agreement with the Defendant on construction works with the content that, among the construction works of the International Exhibition Complex (hereinafter “instant secondary construction works”), the metal construction works (including value-added tax) from the Defendant would be awarded to the Defendant during the period of construction from April 8, 2013 to March 14, 2014; and thereafter, concluded a subcontract agreement with the Defendant on a condition that the contract amount on March 3, 2014 would be increased to 526,90,000,000 won (including value-added tax).

(3) On April 22, 2013, the New River Construction Co., Ltd. (hereinafter “instant 2 subcontract”) between the Defendant and the Defendant, and on April 22, 2013, from the Defendant, the New River Co., Ltd. (hereinafter “instant 3 Construction Co., Ltd.”) among the Housing Reconstruction Improvement Project in Zone 2, Changwon-nam.

() A contract was concluded to subcontract construction works with a contract amount of KRW 1,019,917,380 (including value-added tax) and the construction period from April 22, 2013 to September 20, 2014; thereafter, the contract was concluded to reduce the contract amount to KRW 656,40,712 (including value-added tax) and to reduce the construction period from April 22, 2013 to April 30, 2014 (hereinafter “instant third subcontract”).

4) As between the Defendant on June 11, 2013, the Dried steel case is the date and time of the tent string from the Defendant.

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