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(영문) 서울남부지방법원 2016.11.10 2014가합14130
공사대금
Text

1. The Defendant’s KRW 108,190,00 for the Plaintiff and KRW 20% per annum from January 23, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff, such as the status of the parties, is a juristic person that runs the business of dismantling structures, blasting, blasting, and design service. The Defendant concluded a removal construction contract with the Plaintiff and the Defendant as follows.

B. On July 24, 2013, the Plaintiff entered into a contract for each construction project between the Plaintiff and the Defendant for each construction project (hereinafter “instant primary construction contract”) under which the Defendant would be awarded a contract for the part of the “Demolition” among the “NSeoul Thearo remodeling project,” which is undertaken by the Defendant under the following conditions:

The date of commencement: The date of completion on August 5, 2013: The contract amount: 140,000,000 won for the advance payment on August 5, 2014: 20% for the advance payment before commencement: 140,000 won for the cash settlement payment before commencement: - the cash settlement payment within 10 days after the date of construction completion - the cash settlement balance within 10 days after the date of request for the fair recognition rate of the ordering authority - the cash settlement within 10 days after the date of construction completion 2) the Plaintiff entered into a construction contract with the Defendant to additionally receive a contract for the “ removed construction” portion of the “UnSeoul Special Construction Project” (hereinafter “the instant secondary construction contract”).

The date of commencement: The scheduled date of completion on September 23, 2013: The contract amount on October 31, 2013: 110,000,000 won (additional tax separate deposit): 22,00,000 won: The amount of payment of KRW 22,00,000: The amount corresponding to the final order.

C. The Plaintiff performed removal works in accordance with each of the instant construction contracts.

Upon the Plaintiff’s performance of construction works, the Defendant paid the Plaintiff KRW 112,00,000,000 in total as the price for construction works of the instant first construction contract. On September 24, 2014, the Defendant paid KRW 22,00,000 as the down payment for the instant second construction contract.

The plaintiff's declaration of intent to terminate the contract and the nature of the construction work of the plaintiff each of the cases "the defendant on January 15, 2014."

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