logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2016.09.01 2016가합50698
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 5,359,054,350 and the interest rate of KRW 15% per annum from April 8, 2016 to the date of full payment.

Reasons

Basic Facts

A. On June 13, 2011, the Plaintiff entered into an agreement with the Defendant on the execution of the construction project with the construction works for the general industrial complex development project (hereinafter “instant construction works”).

Article 5 (2) of the above Construction Execution Agreement provides that "construction costs may be settled by means of cash or the paper created if "B (Plaintiff)" wishes, and cash settlement shall be made with the proceeds of sale and the subsidies of "A (Defendant)", but the proceeds of sale shall be paid according to the order of priority in the following subparagraphs."

B. The Plaintiff implemented a construction project under the instant construction contract and submitted the completion report and the completion inspection report on December 22, 2014, and obtained authorization from the Naju on March 31, 2015.

C. On August 11, 2015, the Defendant issued to the Plaintiff a written confirmation of the outstanding amount for the construction work of this case with the following content:

The amount of the divided contract (cost) paid shall be 15,46,547,6206,6206,6206,998,581,580,270,467,967,966,350 civil engineering works 8,935,60,600,780,780,0000,0004,114,847,114,114,000, 114,000 government-funded materials 3,04,704,6202,218,581,270, 786, 350, 679,129, 6700,000 rental fees for waste disposal 2,847,14,114,000,000; and

D. On October 29, 2015, the Plaintiff filed several claims against the Defendant for the payment of the outstanding amount for the construction cost, but the Defendant did not pay the outstanding amount for the construction cost, and filed an application for the payment order with the Gwangju District Court in the Jeju District Court.

(2015j569). (e)

On November 20, 2015, the Defendant proposed that the Plaintiff pay part of the unpaid construction cost ( approximately KRW 3,000,000) within ten days when the Defendant withdraws the payment order to the Plaintiff. The Plaintiff accepted it and withdrawn the application for the payment order on November 23, 2015.

F. After December 31, 2015, the Defendant deposited KRW 1,408,912,00 in a loan account for the Plaintiff’s New Capital.

G. On March 30, 2016, the Defendant paid KRW 1,700,000 to the Plaintiff, which is continuing the instant lawsuit.

arrow