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(영문) 전주지방법원 2016.10.19 2015가단9693
공사대금
Text

1. The Plaintiff, Defendant A Co., Ltd., and Defendant B, Defendant B, as well as each of the above amounts, KRW 16,000,000,000, and each of the above amounts.

Reasons

1. Determination as to the claim against Defendant A

A. On March 28, 2014, the Plaintiff entered into a contract with Defendant A to receive a contract for electric power and telecommunications works among the remodeling works for Defendant A and Jeonjin-gu, Seoul, and E-ground Felel, respectively. (2) At the time of entering into the said contract, the standard subcontract agreement for construction works (Evidence A 1) written by the Plaintiff is indicated as follows:

The ordering person: The contract price of 22 million won (including value-added tax): From March 28, 2014 to June 15, 2014: 10% of the down payment (including 2.2 million won): 50% of the down payment (including 1.2 million won); 40% (1. million won) at the time the interior is completed; and 8.3% at the time of completion of the interior, the Plaintiff completed the said electricity and communications construction; the Defendant A paid the Plaintiff the construction price of 1.0 million won on April 1, 2014; 5 million won on May 2, 2014; and the purport of the entire pleadings.

B. According to the above facts of recognition, Defendant A is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from May 23, 2015 (the day following the date of final delivery of the copy of the complaint of this case) to the day of full payment after the payment of the remainder of the construction cost of KRW 16 million and the construction cost as stipulated in the above contract.

2. Determination as to the claim against the defendant B

A. 1) On March 1, 2014, the Plaintiff: G representing Defendant B as the spouse of Defendant B; and Defendant B as the principal contractor; and the Busan-gun, Buan-gun, Defendant B, as the principal contractor (hereinafter “instant H real estate”).

2) At the time of the conclusion of the contract, the standard subcontract agreement for the construction work (Evidence A(2)) prepared at the time of the conclusion of the contract is indicated as follows.

The name of Defendant A prime contractor: The name of the subcontracted construction works for the construction works for the joint pande B pande: electricity, telecommunication, and fire fighting construction period: from March 1, 2014.

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