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(영문) 대구지방법원 2015.12.08 2015가단8213
공사대금반환등
Text

1. The Defendant’s KRW 16,361,506 as well as the Plaintiff’s annual rate from March 17, 2015 to December 8, 2015, and the following.

Reasons

1. The Plaintiff re-subcontracted the steel bars and concrete construction work to C on May 31, 2014, after receiving a subcontract for the Gyeongdong-gun Construction Corporation (hereinafter “instant construction”) from Sam Young-gun Construction Co., Ltd.

After that, C could not proceed with construction due to personal circumstances, and the plaintiff entered into a contract for construction with the defendant introduced by C in July 2014.

If the content of the contract between the plaintiff and the defendant supplies materials, equipment, human parts, etc. necessary for the construction at the defendant's responsibility, the plaintiff directly pays the expenses, and pays the remainder after deducting the money paid by the plaintiff from the total construction cost calculated as KRW 4.90,00

On December 18, 2014, the Plaintiff and the Defendant drafted a letter of confirmation of payment (hereinafter “instant letter of payment”) with the following contents as follows:

Of the B New Construction, 153,00,000 won paid for the steel bars, concrete construction cost, 153,00,000 won shall be responsible for the payment of all personnel expenses, steel bars, labor expenses for non-refinites, non-refinites, and materials rental expenses, heavy equipment, and expenses, etc., and shall be paid for any amount added at the time of the occurrence of any additional amount other than KRW 153,00,000 for the construction subcontract. In addition, this paper will be held liable for civil and criminal liability when the commitment is not fulfilled. The Defendant, the payment note, [based], without dispute, written evidence A, Nos. 1 and 2 (including the number of pages).2.

A. The Plaintiff’s assertion 1) The Defendant is obligated to pay KRW 30,050,00 (289 square meters (954.97 square meters) and KRW 171,682,050, the difference between the construction cost paid by the Plaintiff and KRW 171,682,050, which is the difference between the construction cost paid by the Plaintiff. The Defendant paid KRW 20,000 per square year in the event that construction is not completed by October 31, 2014. Since the construction was not completed by that time, the Defendant was obligated to pay KRW 5,780,000 per square year (289 square meters).

In addition, delay of construction.

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