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(영문) 서울중앙지방법원 2018.06.27 2017가합23665
공사대금 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 26,589,200 to the Plaintiff (Counterclaim Defendant) and its related amount from January 12, 2018 to June 27, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company established on June 5, 2014 for the purpose of carrying out the business of dismantling structures in the non-degree structures or dismantling and removing asbestos (harmful substances). The Defendant is a company established on May 2, 2006 for the purpose of carrying out the business of removing non-structure structures and the engineering work business, etc., and the Eth Eth Eth Espppib Co., Ltd. (hereinafter “PS”) is an executor of the “B Urban Environment Improvement Project” (hereinafter “project area”).

B. On September 26, 2016, the Defendant, upon receiving a contract from Es.S. for the removal of buildings, etc. located within the said project zone (hereinafter “instant construction”), set the construction period as KRW 1,950,000 (excluding value-added tax) upon entering into a subcontract with the Plaintiff on September 26, 2016, and setting the construction period as KRW 1,950,000 (excluding value-added tax) from September 26, 2016 to March 30, 2017. Meanwhile, the Defendant agreed in detail as follows:

(hereinafter “instant subcontract”). 1. The contract amount shall be based on the estimates presented by the Plaintiff and include material cost, labor cost, equipment cost, expenses (including food expenses), etc.

2. The construction cost shall be paid in cash within one week after the end of each month;

3. In advance of a construction project, gold singular (50,000,000 won) shall be paid out of the construction cost;

4. The defendant shall pay all the construction cost to the plaintiff.

Provided, That waste disposal expenses shall be paid in a direct manner and shall be settled later.

5. Where any change occurs in the construction works, the construction works shall be executed after concluding a contract for change under an agreement with the defendant, and the amount of accompanying statements shall be increased or decreased after the construction works.

Provided, That the rental work necessary for the progress of the construction work on November, 198 shall be conducted by the defendant, and the civil petition arising from the construction work shall be treated smoothly by the defendant in cooperation with the plaintiff.

12.The installation and operation of facilities with jacks, which are necessary for removal operations, and the installation and decommissioning of jacks (including structural review costs) shall be dealt with by the defendant.

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