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(영문) 수원지방법원 2019.12.18 2018나91780
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. Basic facts

A. On July 25, 2016, the Defendant and the non-party E Co., Ltd. (hereinafter “E”) contracted the construction work for the construction of two factories on the D ground (hereinafter “instant construction work”) to E at the time of leisure, in the amount of KRW 226,580,00,000, and entered into a contract with the “first (basic) progress payment” at KRW 75,000 (hereinafter “first (basic contract”).

B. E performed basic construction work (civil engineering work) during the instant construction work before and after the date of the foregoing contract. On September 2016, 2016, E discontinued the instant construction work due to lack of funds for patrolmen.

Accordingly, the Defendant promised to pay directly the material cost for some of the construction material of the instant construction work to E.

C. On September 16, 2016, Defendant and E concluded a contract for the instant construction work again, and the construction cost as above.

From October 20, 2016 to November 30, 2016 from the date of commencement, the construction period shall be the same as the amount stated in the port, and from October 20, 2016 to the date of completion, “the first (basic) progress payment” shall be KRW 75,000,000, and “the second (sn beam operation) progress payment” shall be KRW 50,000, respectively, and the special agreement shall include the content that “the penalty for delay due to delay shall be 0.3% per day.”

(hereinafter “instant secondary contract”). D.

The Defendant paid KRW 30,00,000,000 on October 1, 2016, and KRW 17, 200,000 on December 17, 2016, respectively, to the relevant enterprise under the name of the sn beamline material cost.

E. On June 1, 2017, the Defendant and the Plaintiff: “At the time of the completion of a building, the Defendant and the Plaintiff paid KRW 100,000,000,000, out of the total amount of KRW 242,041,620,000 to the Plaintiff as the land owner above D, the remainder of KRW 72,041,620, respectively, by September 15, 2017.”

was drawn up.

F. The instant construction was completed on June 2, 2017 and obtained approval for the use of two factories on the same day, and the Defendant completed registration for the preservation of ownership of each of the aforementioned factories on June 8, 2017.

On the other hand, E agreed on December 18, 2017 that the Plaintiff received the construction cost directly from the Defendant.

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