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(영문) 광주지방법원 2016.12.13 2015가단42747
공사대금 등
Text

1. The Defendant’s KRW 14,799,000 for the Plaintiff and 5% per annum from October 9, 2015 to October 24, 2016.

Reasons

1. Basic facts

A. On November 12, 2014, the Defendant awarded a contract for the new construction industry (hereinafter “instant construction”) on the former North C and one parcel of land (hereinafter “the instant construction”), but the said company renounced the construction on February 16, 2015, and concluded a contract with the instant construction company on April 18, 2015 for the contract price of KRW 2.2 billion (excluding value-added tax, and thereafter the contract price was increased to KRW 2.5 billion).

B. From March 1, 2015, the Plaintiff concluded a construction contract with a view to further construction work equivalent to KRW 3,800,000 as of May 24, 2015, and as of June 9, 2015, with the contract amount of KRW 55,19,000 between the special construction project and the special construction project, and completed each of the above construction works.

C. Upon receipt of a request for direct payment of the comprehensive construction for wedding, the Defendant paid to the Plaintiff KRW 20 million on April 17, 2015, and KRW 5 million on July 1, 2015, respectively.

On April 23, 2015, the Plaintiff and the Defendant paid KRW 5 million to the owner of the building among KRW 55,199,000 for the unclaimed construction cost, and the remainder of the construction cost is to be paid from the preliminary comprehensive construction. However, if the Plaintiff is unable to receive the construction cost from the preliminary comprehensive construction, the Plaintiff agreed to receive the loan after completion and to assume the responsibility of the owner within one month (hereinafter “the first agreement”), and the Defendant paid KRW 5 million to the Plaintiff on the same day according to the said agreement.

E. On August 23, 2015, the Plaintiff and the Defendant paid approximately KRW 30 million to the owner of the instant construction project. Of these, KRW 15 million should be paid to the Plaintiff within three days if the owner of the instant construction project pays the remainder after the comprehensive tugboat construction and settlement of accounts, and the Plaintiff’s agreement that the said agreement takes precedence over the transfer agreement is drafted between the Defendant and E.

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