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(영문) 수원지방법원 2015.02.12 2011가합24350
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 198,346,767 to the Plaintiff (Counterclaim Defendant) and its related amount from September 30, 2014 to February 12, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On March 10, 2011, the Defendant drafted a written contract between the Plaintiff and the Plaintiff, setting the construction cost of the new construction work of Boan-si B block (hereinafter “instant commercial building”) at KRW 990,000,000 (including value-added tax) and the construction period from March 12, 2011 to June 30, 201, respectively (hereinafter “instant construction work”).

C On March 11, 2011, on the part of the defendant, drafted an on-site operation agreement (hereinafter referred to as “the instant on-site operation agreement”) between the plaintiff and the plaintiff as the representative of the defendant.

The defendant (agent C) and the plaintiff agree as follows:

1. Matters concerning the construction contract;

2. Matters regarding the operation of the construction site;

3. With respect to matters concerning the management and execution of funds, (i) the construction amount shall be paid directly to the site by the owner of the project; (ii) the sn beam line and the sn beam line shall be paid directly to the site upon being equipped with the owner of the project; (iii) the sn beam line and the sn beaming materials shall be supplied to the

3) If there is a change in the construction site in the event of the on-site operation, it shall be determined by the owner directly after the completion. 4) Additional construction costs incurred after completion shall be managed directly after approval by the owner.

As to paragraph (2), quality control, safety management, and rental work at the construction site shall be managed by the Plaintiff’s on-site agent and shall be jointly handled by agreement between the Plaintiff and the Defendant (agent C). In addition, with respect to the selection of the contractor, Defendant C shall have priority and shall take precedence over the payment of the construction cost in the future. When the payment of the construction cost is not completed after completion, Defendant C shall take civil and criminal responsibility. In regard to paragraph (3), construction cost shall be paid to the subcontractor after deposit into the designated account of the Plaintiff.

2. When the construction cost is deposited in the designated account, the Plaintiff shall not immediately pay it to the subcontractor and interfere with the construction work.

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