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(영문) 광주지방법원순천지원 2015.01.22 2014가합10725
공사대금
Text

1. The Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) Company A, as well as KRW 10,000,000 from April 4, 2014.

Reasons

1. Basic facts

A. Plaintiff B is the father of Plaintiff A who is registered as the representative director of Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”), and is the actual representative of Plaintiff A.

Plaintiff

B The E Work Agreement between D and D around April 2013 is marked as F at all times, but it appears to be a clerical error in the E.

With respect to the construction of a new urban-type residential house (hereinafter referred to as the “new construction of this case”) on one parcel outside land, the construction cost of KRW 858,000,000 (excluding value-added tax) and the construction period from April 12, 2013 to October 31, 2013, was stipulated in the construction agreement to be executed.

At the time D affixed a seal imprint affixed to the name of the Defendant Company on the side of the column “(State) United Nations Convention D” of the construction column of the construction agreement.

(B) The construction contract under the above construction agreement is “the instant primary construction contract.”

Plaintiff

B, around April 2013, the Plaintiff entered into a standard subcontract agreement between D and D on construction works of the instant new construction works under the name of the Plaintiff, with respect to the construction cost of KRW 217,500,000 (the value-added tax was not set at a duty-free place of business, the amount excluding steel bars and ready-mixeds) and the construction period from April 22, 2013 to October 31, 2013, D affixed a seal imprint in the name of the Defendant Company on the side stated in the “BBR G” column of the principal contractor in the standard subcontract agreement.

(hereinafter referred to as the “instant secondary construction contract”) under the said standard subcontract agreement.

Plaintiff

On May 20, 2013, A and the Defendant entered into a standard subcontract agreement for construction works with respect to the construction cost of KRW 180,000,000 (value-added tax 0) and the construction period from May 20, 2013 to July 30, 2013 in the form of an electronic contract with respect to the “refinite concrete construction works” among the subcontracted construction works of the instant new construction works.

(b) above.

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