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(영문) 인천지방법원 2018.05.18 2017가합519
공사대금
Text

1. The Defendant’s KRW 22,760,00 for the Plaintiff and KRW 6% per annum from November 20, 2016 to April 10, 2017.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who is engaged in the manufacturing, design, construction, and construction business of steel structure under the trade name of “C,” and the Defendant is an individual entrepreneur who engages in construction business, such as dismantling of non-structure structure, miscellaneous construction, reinforced concrete (subcontract), and interior (subcontract) under the trade name of “D.”

B. The Defendant was awarded a contract with E Company for the extension of building G-owned by the Namdong-gu Incheon District Land Company G-owned, Namdong-gu, Incheon, and subcontracted the contract to the Plaintiff on June 21, 2016.

(hereinafter referred to as the “instant basic construction”). (C) The subcontracted construction is called the “instant basic construction”).

The main contents of the instant basic construction are as follows.

4. Construction period: Completion by July 31, 2016;

5. Contract amount: 297 million won (value of supply: 270 million won, value-added tax: 27 million won, value-added tax: 27 million won);

6. Payment of the price;

(a) Advance payment: Payment in cash of 40 percent of the contract amount;

(b) Payment in full within 15 days after the establishment of steel frame, 30 percent of the contract amount before the release of the material;

(c) Payment within 15 days from the date of receipt of the adjustment from the ordering person, in accordance with the details and proportion of the adjustment within 30 days from the date of receipt of the adjustment from the ordering person;

D. On July 25, 2016, the Plaintiff and the Defendant concluded an additional construction agreement with respect to the installation of an additional construction cost of KRW 4,576,00 (including value-added tax) around July 25, 2016, including the installation of an additional construction cost of KRW 4,576,00 (including value-added tax), and the alteration of roof H beamline. On September 2016, the instant basic construction and the said additional construction were completed.

(hereinafter referred to as “instant construction,” in total, of the instant basic construction and the said additional construction.

On June 28, 2016 and June 29, 2016, the Defendant remitted the total of KRW 50 million to C, KRW 120 million on July 11, 2016, and KRW 10 million on November 19, 2016.

[Grounds for Recognition] In the absence of dispute, each number may be granted in the event of Gap's 1 to 3, and 6 to 8.

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