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(영문) 서울동부지방법원 2017.12.15 2016가단32514
공사대금
Text

1. The Defendant’s KRW 18,450,00 for the Plaintiff and 6% per annum from October 20, 2016 to December 15, 2017.

Reasons

1. Basic facts

A. The defendant is a person who has been awarded a contract for stone construction among the 32 new construction works of Hanwon-gun Dagwon-gun Dagwon-gun B (hereinafter referred to as the "Dagwon-gun Construction Work") executed by the non-party corporation (hereinafter referred to as the "Magsan-gun Construction Work"), and the plaintiff is a person who has been awarded a subcontract for the calking work and the salking work incidental to the above stone construction work from the defendant.

B. On March 28, 2016, the construction work details on the date of concluding the construction contract between the prime contractor and the Defendant (vat Map) based on the actual input quantity of KRW 80,000,000 on March 23, 2016, which was to be settled according to the actual input quantity of KRW 80,000 on March 28, 2016: The building stones portion (number: 16,00 square meters) 95,40,000 square meters, and 2 heavy stone.

On April 28, 2016, where the construction amount can be increased depending on the on-site circumstances, the amount of construction work can be adjusted according to the unit price increase or decrease of KRW 50,800,00 ( ① 5,800,000,245,000,240,000,000 won) (1) The amount of construction work may be adjusted based on the unit price increase or decrease of the volume of KRW 50,80,000 ( ② 5,800,000,245,000,000 won) as part of the construction work, 3,000,000,000 won or more, and 3,00,000,000 won or more, as the details of consent to the construction work were changed orally, the Defendant entered into an agreement with the Plaintiff or the Defendant on five occasions in total,00,000 won or more as follows:

C. The Defendant and the Plaintiff agree to implement the instant agreement on the basis of mutual trust as follows with respect to the cosing and landing at the above site.

1. Total down payment: 235,900,000 won;

2. Settlement amount: 153,450,000 won;

3. Amount to be settled: 60,000,000 won - The amount to be settled shall be deposited into the Plaintiff’s designated account before July 7, 2016.

-the plaintiff shall withdraw the report of assembly immediately after receipt of the deposit;

4. Unpaid amount: 22,450,000 - Amount payable under paragraph 4 above.

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