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(영문) 제주지방법원 2018.11.12 2016가단59203
공사대금
Text

1. The part demanding confirmation of non-existence of the obligation to perform construction works in the principal lawsuit shall be dismissed;

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Construction period for basic facts: From May 26, 2015 to September 10, 2015: The value of supply of KRW 611,60,000 (including value-added tax): 556,00,000 for value-added tax: Payment of KRW 55,600,000 for value-added tax (excluding value-added tax; hereinafter “instant construction cost installment payment agreement”): 10% at the time of concluding a contract: 5,60,000 - The first progress payment: 10% after completion of basic work: 5,60,000 - the second progress payment: 10% after completion of 10% after completion of 2nd and upper 2nd 2nd 2nd 3: 10% after completion of 10% 5,600,60,000 for - the second progress payment: 0% after completion of 10% after completion of 2nd 2nd 2nd 30,160160% after completion

A. On May 20, 2015, the Plaintiff entered into a contract on new construction works of multi-family housing (2 and 3) with Defendant A (owner) as indicated below (hereinafter “instant contract”) on the ground (i.e., Jeju-si, etc., and (ii) received KRW 50,000,000 as down payment.

B. The Plaintiff concluded a guarantee insurance contract with the Seoul Guarantee Insurance Co., Ltd. with the following contents in order to guarantee the performance of the construction work, and issued the performance guarantee insurance policy to the Defendant A.

A The reasons for Section D 1: The Plaintiff entered into the instant contract with the Defendant A and subcontracted the instant contract to E, but it became impossible to continue the construction work any longer by giving up the construction work because E does not meet the estimated amount and the actual state of the site.

1. Original down payment: 5,000,000 won (e.g., 5,600,000) for the payment of the down payment, all evidential documents concerning the disbursement of the down payment, including VAT, shall be submitted to the owner and settled the down payment

unnecessary evidence outside the construction project shall not be attached.

In case where the down payment remains, it shall be returned to the defendant A immediately.

The additional amount payable (under the recognition of the owner) other than the down payment shall be paid by the owner.

2. Total contract amount under other Sections: 56,000,000 Obs. (56,00,000) VAT not included.

3. The Plaintiff and Defendant A shall settle the amounts set forth above 1 and 2, and thereafter.

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