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(영문) 수원지방법원 평택지원 2018.01.18 2017가합8571
공사대금
Text

1. The Defendant’s KRW 58,284,445 as well as the Plaintiff’s KRW 6% per annum from March 22, 2017 to January 18, 2018, and the following.

Reasons

1. Basic facts

A. On July 16, 2014, the Defendant was awarded a subcontract for the “B Electric Fire Fighting Corporation” (hereinafter “B Electric Construction”) to the contract amount of KRW 6,035,590,000 (including value-added tax) by Gold Construction Co., Ltd. (hereinafter “gold Construction”).

B. From February 7, 2014, the Plaintiff is engaged in the construction business in the name of “C”. On May 12, 2015, the Plaintiff agreed with the Defendant to execute civil engineering works, including pipes installation, as described in the attached Form among the instant electrical construction (hereinafter “instant construction”) at KRW 454,00,000, and agreed to additionally specify the following estimate terms (hereinafter “instant estimate terms”) at the time.

Meanwhile, the part of the instant construction that the Defendant re-subcontracted to the Plaintiff was the part of the civil construction works that amounted to KRW 759,218,395 of the contract amount among the instant electrical construction works.

Estimated Conditions

2. Concrete Duk: Miscellaneous materials for pipes are included in the Act on the Prevention of Track, the fixed steel bars, etc. for wires;

5. All materials and installation, including fin-nin removal first cleaning and rarira.

7.A project operator is scheduled to pay a flag in accordance with the implementation process, for increased quantities, to be settled in accordance with the terms and conditions of the contract at the time of submission of design modification data (statement of calculation) and approval for gold; 14. All the terms and conditions of installation, other than pipeline main materials (Pipe), including personnel expenses; 16. Personnel expenses, all the terms and conditions of installation in relation to other pipeline works and civil engineering works, shall be directly treated from Samjin (Defendant), and some of the materials shall be deducted from Samjin (Defendant) before purchase and payment.

C. In relation to Paragraph 7, the Plaintiff and the Defendant agreed to settle the accounts between the Plaintiff and the Defendant, based on the omitted volume, etc. of the instant construction, when there are additional construction quantities among the instant construction works, the Plaintiff and the Defendant calculated the omitted volume, etc., and the Defendant submitted the details to the Hoho Construction after its review, and with the amount approved from Hoho Construction.

In relation to the above,

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