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(영문) 인천지방법원부천지원 2016.08.24 2015가합103684 (1)
공사대금
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1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) Co., Ltd. amounting to KRW 94,100,000 and this amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 1, 2014, the Plaintiff entered into a subcontract for the construction project (hereinafter “the first subcontract of this case”) with Defendant M&S agreed to accept the removal work (hereinafter “instant removal work”) from among the new tourist hotel construction works contracted by Defendant A (hereinafter “instant new construction works”) at the contract price of KRW 35,00,000 (excluding value-added tax). Of the new construction works of this case, the Plaintiff concluded a subcontract for the construction project (hereinafter “instant excavation work”) with the contract price of KRW 95,00,000 (hereinafter “instant subcontract of this case”) with the contract price of KRW 90,000 among the new construction works of this case (hereinafter “new construction works of this case”). The contract price of the reinforced concrete construction works of this case (hereinafter “instant reinforced concrete construction works”) at KRW 590,00,000 among the new construction works of this case (hereinafter “instant new construction works”) at the highest price of KRW 300,000,000 from value-added 1.

B. On December 1, 2014 and January 15, 2015, the Plaintiff entered into an investment agreement with the Defendants on two occasions, and entered into an investment agreement (hereinafter “instant investment agreement”) with regard to Defendant A’s investment.

1. 30% of the total amount of the invested construction shall be invested from the expiration of the construction cost under the conditions as referred to in paragraph (3);

2. 30% of the progress payment shall be deposited into the Suhyup Bank Account of Defendant A at each time of the investment method.

3.On receipt of loans from the Ministry of Culture, Sports and Tourism and the Korea National Tourism Organization for Tourism Promotion Promotion Promotion Promotion Fund, the above investment agreements shall be repaid in full.

If delay is made, interest corresponding to the bank and dividends on the year shall be paid from the time of the operation of the minimum tourist hotel, and the repayment of principal shall be made in monthly installments.

Added

1. A tourist hotel B.

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