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(영문) 인천지방법원 2017.10.20 2016가합48
공사대금
Text

1. The Defendant’s KRW 46,757,040 as well as the Plaintiff’s annual 6% from January 29, 2016 to October 20, 2017, and the following.

Reasons

1. Basic facts

A. Conclusion of a contract between the plaintiff, D and the defendant 1) The plaintiff, D (the individual entity of the non-party E, hereinafter "D") is limited to the plaintiff, D and the defendant

A) On March 5, 2015, between the Defendant and the Defendant, the construction of the F multi-family house in Seoul Jung-gu (hereinafter “instant new construction”) from the Defendant.

(1) A contract under which the contract is made for the construction cost of KRW 1,260,00,000 (excluding value-added tax) (hereinafter referred to as “first contract”).

2) Of the first contract, the parts relating to this case are as follows:

Standard contract for private construction works

1. Construction name: New construction works in this case;

2. Place of construction: Seoul Jung-gu G and H (hereinafter referred to as “instant land”).

3. Date of commencement: March 14, 2015; Date of completion: 2015.

5. Contract amount: KRW 1,260,000 (excluding value-added tax).

7. Advance: 100,000,000 won; and

8. A completed amount: The following works shall be added, other than extension of a multi-family house under a special agreement once a month:

1. Gu and Dong (A).

The following open ports shall be additionally constructed:

- Removal of toilets A Dong 3 and two new toilets - Removal of stairs and one toilet for Adong 1st floor - Installation of Adong and Adong 1st floor waterproofing and drainings - Installation of outside toilets for Adong Adong 2 and internal boiler facilities - reconstruction and repair of Adong warehouse facilities and installation of toilets and 3 of roof board and roof board installation) D, as stipulated in the special agreement of the first contract, shall be the Gu Dong (Adong; hereinafter referred to as "existing commercial buildings") in addition to the instant new construction works, as stipulated in the first contract agreement.

2) The repair and the installation of a rooftop (hereinafter referred to as the “instant repair work”)

The Defendant’s failure to pay the advance payment obligation was suspended, and the first contract was terminated. 4) I succeeded to the suspended construction on April 2, 2015 and completed the instant repair work by June 30, 2015.

B. On June 27, 2015, the Plaintiff entered into a contract between the Plaintiff and the Defendant, as well as the Defendant, for the construction cost of the instant new construction project from the Defendant, 1,190,000.

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