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(영문) 울산지방법원 2020.11.05 2019가합11209
공사대금
Text

1. The defendant,

A. From March 1, 2019 to November 5, 2020, Plaintiff A, as well as KRW 343,000,000.

Reasons

1. Basic facts

A. The Plaintiff Co., Ltd. (hereinafter “A”) received a subcontract from the Defendant with the amount of KRW 57,561,00 (including value-added tax; hereinafter the same shall apply) of the project owner’s construction work among the Ulsan E New Construction Works in the District Housing Association as KRW 557,561,00 (including value-added tax; hereinafter the same shall apply). The project owner’s construction work among the G root and multi-family house new construction work in the client F as KRW 74,589,00,000 for the construction cost, among the G New Construction Works in the client F, KRW 66,90,000

(hereinafter referred to as “instant subcontracted project”). B.

Plaintiff

B A Co., Ltd. (hereinafter referred to as “B”) was subcontracted for electrical construction in the amount of KRW 596,479,900 among the Ulsan E New E-built Construction in the client D Regional Housing Association by the Defendant

(hereinafter “instant subcontracted project”). C.

As of July 24, 2018, the Defendant paid KRW 371,004,940 for subcontracted construction work to Plaintiff A and KRW 213,607,147 for subcontracted construction work to Plaintiff B, respectively.

Plaintiff

A filed a lawsuit against the Defendant on July 24, 2018 as the Ulsan District Court 2018Gahap24062, and on June 19, 2018, the Plaintiffs received the Ulsan District Court 2018Kadan12041 to preserve the claim for the payment of the subcontract price.

E. On September 12, 2018, and August 30, 2018, the Defendant agreed with Plaintiff A to settle the unpaid construction cost under each of the instant subcontract agreements with Plaintiff B with the following content:

(hereinafter referred to as the “Settlement Agreement,” and “Settlement Agreement,” of this case. The actual accounts of Plaintiff A and the Defendant agree to implement the following provisions for the above construction cost of KRW 343,00,000,000.

Plaintiff

A and the defendant agree that the payment of the above amount shall be made as the construction cost of the Newly-built construction, G root and Multi-household Construction, G Multi-household Construction, and the final settlement and payment shall be completed.

The defendant shall set the above construction cost on the date of repayment below.

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