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(영문) 수원지방법원 안산지원 2018.10.11 2017가합7375
공사대금
Text

1. The plaintiff's claim against the defendant A is dismissed.

2. Defendant B Co., Ltd. shall be KRW 173,657,000 and its amount.

Reasons

1. Basic facts

A. Defendant A and B Co., Ltd. (hereinafter “B”) entered into a contract for construction works on October 28, 2015

)The construction cost of KRW 9,460,000,000 (including value added tax; hereinafter in the absence of any special explanation, the construction cost, subcontract price, etc. shall be stated in the amount including value added tax.

(2) As regards the construction period from November 15, 2015 to November 15, 2016, parking buildings in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”) are located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”).

2) A new construction project (hereinafter referred to as “instant construction project”)

(c)a contract under which the contract is made (hereinafter referred to as:

The contract of this case, including the modified contract of this case, is "the contract of this case" and the contract price under the contract of this case is "the contract price of this case".

Upon entering into the instant contract, Defendant A agreed to pay the construction cost on the 25th day of each month in accordance with the progress rate, and to pay the balance 10 percent after completion. (2) Article 6 of the instant contract states that “The term contract amount is the amount set according to the modified design drawings, and the excessive portion after the design drawings are completed on November 5, 190, shall be mutual assistance rateing smoothly. (Provided, That the modified amount shall not exceed 3% of the total construction cost) - Outs and files shall not be altered, and shall be limited to the excessive portion of the internal finishing,” respectively.

B. On May 24, 2016, Defendant B entered into a subcontract agreement with Defendant B, etc. (hereinafter “instant subcontract consideration”). Defendant B is the Plaintiff and the subcontract consideration of KRW 902,000,000 (hereinafter “instant subcontract consideration”).

(2) As to the construction period from June 1, 2016 to November 15, 2016, a contract for the subcontract of metal, windows, and glass construction during the instant construction works (hereinafter “instant subcontract”).

(2) Defendant B paid the Plaintiff KRW 32,00,000, totaling KRW 332,000,000 on September 30, 2016 as the subcontract price in this case, and KRW 132,00,000 on October 31, 2016, and KRW 145,000 on November 30, 2016.2) Meanwhile, Defendant B paid the Plaintiff KRW 332,00,00 on May 24, 2016, which is the date of concluding the instant subcontract.

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