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(영문) 서울서부지방법원 2019.03.15 2018가단221402
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 150,00,000 and the interest rate of KRW 15% per annum from August 1, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 31, 2017, the Plaintiff (around June 7, 2017, changed from a limited liability company C to the present trade name) entered into a construction subcontract with the Defendant to accept a subcontract (hereinafter “instant subcontract”) with the amount of KRW 23,100 (including value-added tax) of the cost of other days, among new construction of new multi-household housing in Gwangju City and E-ground, and the construction period from November 14, 2016 to April 30, 2017.

On February 20, 2017, the Plaintiff and the Defendant changed the construction amount to KRW 230 million (including value-added tax) and changed the construction period from November 14, 2016 to July 31, 2017.

B. The plaintiff completed the above construction work, and the defendant paid 80 million won to the plaintiff as construction price.

1. It is confirmed that the balance of the subcontract price that the Plaintiff is obligated to receive is KRW 150 million.

2. 1) The above KRW 150 million shall be paid directly by the ordering person G to the Plaintiff as follows: - The primary settlement of accounts: KRW 75 million, including value-added tax - the primary payment date: May 15, 2018 (if the deposit is not paid, by the following day):

- The second settlement account: 75 million won including value-added tax - the second payment date: May 24, 2018 (Provided, That if the payment is not made, by the following day);

2) If the ordering person G does not pay the amount under the above Item 1, the Defendant shall immediately pay to the Plaintiff the amount under Paragraph 1 (a) and 15 percent interest per annum from August 1, 2017 to the date of full payment.

3. In the event that the above paragraph 2 is implemented, the plaintiff and the defendant confirm that there is no account payable or unpaid other than the above amount under this case's direct payment agreement.

Fair Transactions in Subcontracting Act (hereinafter referred to as the "subcontract")

4. In the event that the above paragraph 2 is implemented, the Plaintiff and the Defendant shall be deemed to have terminated within the scope of the above direct payment agreement by applying mutatis mutandis the provisions of Article 14.

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