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(영문) 인천지방법원 2019.07.11 2018나58588
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is a corporation that operates electrical construction business, fire fighting business, etc., and the defendant is a corporation that makes a housing site and constructs housing.

B. On September 7, 2013, and October 28, 2013, the Defendant appears to have the actual construction site of E and two parcels, which between the J and the J on October 28, 2013.

In relation to the new construction of multi-family housing (hereinafter referred to as the "multi-family housing of this case"), the standard contract for private construction works and the change contract for private construction works, including the following contents, were prepared respectively:

Standard contract for private construction works

1. Construction name: New construction works of Gangnam-si Fri collective housing;

2. Construction place: Two parcels outside Gangwon-si E in Gangwon-do.

3. Period: From September 7, 2013 to July 30, 2014;

5. Contract amount: 1,781,000,000 won “additional tax exemption”.

8. Other matters:

1. In cases of electric fire-fighting facility works, the separate project operator shall perform the work;

2. Deposit money for defects under Acts and subordinate statutes shall be liable to the contractor.

The name of the contractor(s) : The name of the D contractor(s) : The name of the C Co., Ltd.: the representative director's written contract for change

1. Construction name: New construction works of Gangnam-si Fri collective housing;

2. Construction place: Two parcels outside Gangwon-si E in Gangwon-do.

3. Initial construction period: From August 7, 2013 to July 30, 2014: From October 28, 2013 to July 30, 2014;

5. Contract amount: 1,781,000,000 won “additional tax exemption”.

8. Other matters:

1. A modified contract following a change in the ordering person of construction and construction period;

2. The same contract terms and conditions of the contract and the previous contract terms and conditions ( September 7, 2013): The name of the contractor: The name of the J contractor: The name of the C Co., Ltd.: L of the representative director;

C. The Plaintiff determined the construction cost as KRW 66 million (including value-added tax) at the request of M and K, which had a seal affixed to the Defendant’s name, and completed the instant electrical construction work (hereinafter “instant electrical construction”).

K enter the remitter’s name in “C” on September 15, 2015, and KRW 25 million to the Plaintiff.

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