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(영문) 수원지방법원 2013.11.28 2012가단20549
공사대금등
Text

1. The Plaintiff, Defendant D, Defendant D, and Defendant B, jointly and severally with Defendant D, KRW 75,570,000, out of the above amount.

Reasons

1. Basic facts

A. On March 31, 2011, the Plaintiff entered into a construction contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the construction cost of KRW 120 million with respect to the construction work for electricity, fire fighting, and telecommunications among the new construction works in the Gangseo-gun E, F, G, and H-based I pension (Dong 4). The main contents of the said contract are as follows.

(A) Date of commencement: June 19, 2010, 1/4 of the total of four methods of payment of construction funds under Article 1 shall be distributed in cash and paid in cash.

1 Dong: 30 million won, 30 million won, 30 million won, 60 million won, and 15 days after completion.

2 Dong: 30 million won, 40 million won: 58 million won out of 30 million won, shall be completed and paid in cash within seven days.

Article 3 Balance 2 million won shall be completed and paid within 15 days.

B. The Plaintiff completed the first and third electric power and fire fighting construction, and completed the approval for use on August 4, 201 for each of the above buildings.

C. Around September 20, 2011, the Plaintiff and Defendant B agreed to pay the Plaintiff the construction cost of the said Ipention electricity, fire fighting, and telecommunications work cost to the Plaintiff in the amount of KRW 90,000,000 (within five days for each building as of the date of completion) as follows, taking into account the construction cost incurred by Defendant B, including material cost, etc. until that time, and Defendant D guaranteed the Plaintiff’s obligation to the Plaintiff based on the said construction contract.

(A) Date of commencement: On July 19, 2010, E (1 Dong), G (3 Dong): KRW 50 million payable.

2.F (2): 40 million won and to be paid after completion.

(b) Daily benefits 3. H (4 dong): 140,000 won;

Any contract entered into prior to this Agreement shall be void.

The plaintiff completed the second electrical and fire fighting construction and completed the approval for the use of the building on January 9, 2012.

After that, Defendant B paid the Plaintiff KRW 310,00,000,000 as the construction cost on September 22, 201, and KRW 50,000 on November 10, 201, and paid KRW 20,000 on July 10, 201 to the Plaintiff.

E. The Plaintiff loaned KRW 1500,000 to Defendant D on November 1, 2011, but on November 2011.

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