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(영문) 대구지방법원 2016.12.09 2015가합1028
공사대금
Text

1. The Defendant’s KRW 51,00,000 as well as the Plaintiff’s annual rate of KRW 6% from February 26, 2014 to December 9, 2016.

Reasons

. The previous contract was destroyed due to a dispute, etc.

C. Around November 8, 2013, the Defendant proposed that the Plaintiff proceed with the instant construction on behalf of D, and the Plaintiff entered into a contract with the Defendant to accept the instant construction contract, setting forth the following special terms and conditions, including: (a) the Plaintiff’s construction cost of the instant construction work from the Defendant; and (b) the Plaintiff’s construction cost of KRW 900,000 (excluding value-added tax):

Separate Terms and Conditions of the Special Agreement: The construction agreement for the existing construction works entered into by Jinyang Construction Co., Ltd. and D Co., Ltd. in 2013 with respect to the new construction works of the accommodation facility in Busan Metropolitan City separate facilities for electricity, water, gas, and gas shall be reversed, and the beneficiary A shall be responsible for all matters related to D Co., Ltd. and shall be promised to complete the construction works, and the execution of the construction works at this site shall be paid from Jinjin Construction Co., Ltd. in accordance with the terms and conditions of payment, and the change of the construction expenses following the following changes shall

* Original Business Operator: Jink Construction Co., Ltd.* Subcontractors: A

D. During the construction process of the instant case, the Plaintiff discontinued the instant construction project due to the dispute over the payment of the progress payment under the previous contract with the Defendant.

E. Around December 1, 2013, the Plaintiff entered into an electrical construction contract (Evidence A9) related to construction works among the instant construction works with the Defendant as of August 13, 2013, while the Plaintiff entered into an electrical construction contract related to the interior works among the instant construction works, the Plaintiff, around December 1, 2013, retroactively prepared the electrical construction contract related to the interior works.

Meanwhile, the Plaintiff’s electrical construction related to the said construction was completed on November 27, 2013, and thus, it appears that the electrical construction related to the construction works started from August 2013.

A contract that is concluded to accept a subcontract with a total of KRW 103,00,000 [=52,000,000 for electrical construction related to construction] (51,00,000 for interior works related to interior works], including electrical construction related to interior works, shall be concluded, and around November 27, 2013 (related to construction works) and February 25, 2014.

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