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(영문) 수원지방법원성남지원 2015.08.27 2014가합208879
공사대금
Text

1. The Defendant’s KRW 165,908,216 for the Plaintiff and KRW 6% per annum from July 31, 2014 to December 22, 2014.

Reasons

1. Basic facts

A. The Defendant entered into a construction contract with Nonparty B Co., Ltd. (hereinafter “B”) and C to conclude two sections of SeoulD and E block apartment construction works (hereinafter “instant construction works”).

B. On August 16, 2012, the Plaintiff entered into a subcontract agreement with B to receive a contract for the construction of interior decoration and wood-heading construction among the instant apartment construction works (hereinafter “instant subcontract”). The main contents are as follows.

1. The original contract name of the Korea Land and Housing Corporation: SeoulD and E block apartment construction work section 2.

2. The name of the subcontracted project: The project for interior decoration and timber hold;

3. Place of construction: Seocho-gu Seoul Metropolitan Government Fund.

4. Period of construction: 3,150,000,000 won on October 5, 2013, completion of August 6, 2012;

6. Payment of the price;

(a) Within 15 days after the conclusion of the contract (1) the content and proportion of (2) the date received from the ordering person or within 15 days after the date of the contract;

(b) Method of payment (3) within 60 days from the date of receipt of the object: the ordering authority

(1) Payment within 30 days from the date the person placing an order receives a adjustment in accordance with the contents and proportion of such adjustment (2) within 15 days from the date the person placing an order receives such adjustment;

C. On January 15, 2013, the Plaintiff requested the Defendant to pay the construction cost directly with respect to the instant subcontract construction contract. On May 24, 2013, the Plaintiff drafted a “Agreement on the Direct Payment of Subcontract Price” (hereinafter “instant Agreement”) with the Defendant and B agreed on the direct payment of the subcontract price, as follows:

(hereinafter “instant direct payment agreement”). The direct payment agreement for the subcontract price is named as Seoul D and E- block apartment construction contract amounting to KRW 69,694,46,00 on September 2, 201.

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