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(영문) 서울중앙지방법원 2014.06.18 2013가합515449
공사대금
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1. The Defendant (Counterclaim Plaintiff) paid KRW 117,764,935 to the Plaintiff (Counterclaim Defendant) and its related amount from May 1, 2013 to June 18, 2014.

Reasons

1. Basic facts

A. On May 24, 2011, LAWnB Co., Ltd. (hereinafter “3R&B”) concluded a contract with the Defendant for construction works to be newly constructed on the land surface (hereinafter “threeR buildings”) on the land in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “CR building”) by setting the construction cost of KRW 11,70,000,000 with the Defendant, and entered into a subcontract with the Defendant on July 6, 201 by setting the construction cost of the instant construction as KRW 9,40,000,000 (hereinafter “Dong Government General Construction”). The Defendant concluded the subcontract with the Defendant on July 6, 2011, setting the construction cost of the instant construction works as KRW 1,40,000,00.

(B) No. 2 of this case’s subcontract (hereinafter referred to as “instant subcontract”).

On July 21, 201, 201, the Dong Hall integrated construction entered into a subcontract with TSPC Co., Ltd. (hereinafter referred to as the “TSC”) on the terms of KRW 1,188,00,000 (including value-added tax), and on October 20, 201, up to the construction period, the rate of compensation for delay is 5/1,000, and the warranty bond rate is 5/1,000 (Evidence B; hereinafter referred to as the “instant construction contract”), and the Plaintiff, a company that has no license for civil engineering and construction works among the instant construction works, performed the construction works on behalf of TSC &C.

The main contents of the instant soil construction contract are as follows.

4. Period for construction: Contract amount of 1,188,00,000 won on July 21, 201, and as-built October 20, 201;

6. Payment of the price;

(a) Within 20 days after the conclusion of the contract, the content and proportion of KRW 100,000,000 (2) received from the ordering person or within 20 days after the date of the promise; and

(b) End payment: (1) The intermediate payment within 20 days after concluding a contract of KRW 100,000: (2) The remainder within 20 days after the completion of the base destruction of KRW 100,000: Within 880,000: Within 20 days after the conclusion of the contract;

9. Warranty bond rate: 1.

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