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(영문) 청주지방법원 2017.08.10 2016가단10100
공사대금
Text

1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from June 3, 2016 to August 10, 2017.

Reasons

1. Basic facts

A. On December 6, 2014, the Plaintiff concluded a contract with the Defendant for the division of the first and second construction works (the first construction works for mountain 3-1, 3-2, and 3-3 above), and the second construction works (the first construction works for mountain 3-1, 3-2, and 3-3 as KRW 350,00,00 (excluding value-added tax); the construction period from December 6, 2014 to May 20, 2015; hereinafter referred to as “instant construction works”); and the Defendant agreed to dispose of the construction price as KRW 350,00,00 (excluding value-added tax); the construction period from December 6, 2014 to May 20, 2015; and the Defendant agreed to obtain permission and approval; and the construction price shall be 00,000,000,0000,0000,000,000.

B. On March 17, 2015, the Plaintiff was awarded a contract from the Defendant during the construction period from March 16, 2015 to April 10, 2015, with the construction cost of KRW 60,000,000 (excluding value-added tax) for the road packaging work on the third ground of Cheongju-si, Hong-gu, Seoul Special Metropolitan City.

B. On October 20, 2015, the Plaintiff drafted an agreement with the Defendant regarding the instant construction and the instant road packaging construction (hereinafter “instant agreement”) and the main contents thereof are as follows.

Except for the secondary construction cost: Balance remaining after receipt of KRW 410,00,000 (excluding value-added tax): 145,000,000: (i) the balance of the two excluded construction cost, out of the two excluded construction cost, shall be completed until November 5, 2015, and the profit from completion of the primary civil works (excluding value-added tax) shall be paid.

Afterwards, 35 million won shall be paid at the time of the second construction, and KRW 10 million shall be paid in addition to the second construction cost after the completion of the second construction.

Provided, That if it is inevitable to start the work on the date of the commencement of the second project, the work shall be delayed or if the project owner fails to do so on the date of commencement of the second project, the work shall be completed at the end of 2,500 square meters.

(G) The remaining balance of 45 million won shall be paid to the Plaintiff by November 30, 2015 (such as the waste disposal of sewage, etc.)

The work which was not carried out among the particulars of the Dolled contract.

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