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(영문) 광주지방법원 2018.11.01 2018가합51374
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is a law firm C, No. 548, Dec. 19, 2016, a promissory note No. 548.

Reasons

1. Basic facts

A. The Defendant, around March 2015, received a subcontract for machinery and equipment works from Nonparty D Co., Ltd. (hereinafter “D”) during the construction of E- Apartments (hereinafter “instant subcontract”), and on March 20, 2015, to F on March 20, 2015, the term “cat construction in the said construction work, SHOP DW DWG” reduction term, and its implementation drawings at the construction site.

On March 20, 2015, the remainder of the construction (hereinafter referred to as “instant construction”) excluding B was set at KRW 1,100,000 from March 20, 2015 to completion of the construction period, and was drafted a written agreement with the Plaintiff, who is the site agent of the instant construction (hereinafter referred to as “F”) and the Plaintiff, as well as the Plaintiff (hereinafter referred to as “Plaintiff, etc.,” when both the F and the Plaintiff, were employed as the site agent of the instant construction:

(hereinafter “instant initial agreement”). The official agreement of the construction agreement: The contract amount for the construction of the E apartment (mechanic and fire fighting facility): 1,100,000,000 construction period: from March 20, 2015 to the completion of construction, B Co., Ltd. (hereinafter “A”) and F (hereinafter “B”) agree that the said agreement shall be implemented as follows:

- A - The scope of construction works of Section 1 (Scope of Construction and Contracts) 1: All the scope of construction works contracted by Party A - Any defects arising after completion of construction works of Section 6 (Defect 1), including project management, shall be held responsible at Section 6 (Defect 1).

2) Handling of defects after completion: Six months (2) (2) months (where necessary).

B. From December 13, 2016 to April 30, 2017, the Defendant and F entered into a modified contract with each of the terms and conditions that changed the contract amount to KRW 1,260,000 increased to KRW 1,260,000,000, and the Plaintiff and F shall pay KRW 320,000,000, which is the double of the contract amount increased to the Defendant if the agreement was not fulfilled.

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