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(영문) 서울중앙지방법원 2016.08.19 2015가합545659
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 177,139,835 and its amount from March 12, 2015.

Reasons

1. The primary facts and counterclaims shall also be deemed to exist.

A. (1) On November 5, 2013, the Plaintiff entered into the instant subcontract, etc.) Defendant Asian Integrated Construction Co., Ltd. (hereinafter “Defendant Asian Comprehensive Construction”) that was awarded a contract with Nonparty B for “FF warehouse expansion works in Yongsan-si C” (hereinafter “Defendant Asian Comprehensive Construction”).

2) Of the above extension works, the earth and sand work (hereinafter “the earth and sand work of this case”)

(2) On February 10, 2014, the Plaintiff entered into a subcontract with the construction cost of KRW 1.463 billion, the construction period from November 5, 2013 to May 10, 2014, and thereafter, entered into a modified contract with the construction period of May 10, 2014. (2) On February 10, 2014, the Plaintiff entered into a subcontract with the Defendant Asia Comprehensive Construction and the construction period of structures and auxiliary civil works (hereinafter “the instant structure”). From February 10, 2014 to June 10, 2014, the Plaintiff entered into a contract with the construction cost of KRW 2.388 billion, the construction period of KRW 1.5 million, and the construction period of the instant structure from February 10, 2014 to June 10, 2014 to June 30, 2014.

3) As the representative of Defendant A, who is the owner of the above extension work, the owner of the above extension work, Defendant A jointly and severally guaranteed the obligation to pay the construction cost of the instant earth and structure works for the Plaintiff. 4) The main contents of the instant land and structure subcontract agreement are as follows.

The subcontract agreement of the land construction in this case

1. The name of a prime contract construction project owner: The name of a representative A: The construction project owner of a freezing warehouse in Permitted-si C;

2. The name of the subcontracted project: Earth;

3. Construction site: The wife population C in Gyeonggi-do;

4. Period of construction: May 10, 2014, the date of commencement on November 5, 2013 (the subsequent modification contract was changed on September 30, 2014).

5. Contract amount: Value-added tax of KRW 1,463,00,000: Value-added tax of KRW 1,330,000: Article 2 (Construction, etc.) (1) The terms and conditions of this contract and construction specifications, design drawings and site descriptions shall be included.

However, in cases of total unit price contracts, calculation sheets shall be included, and the financial and economic division shall be the form.

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