(영문) 수원지방법원 2016.10.13 2015가합6978

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(영문) 수원지방법원 2016.10.13 2015가합6978

공사대금

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1. The Defendant’s KRW 125,700,000 for the Plaintiff and 5% per annum from September 1, 2015 to October 13, 2016.

Reasons

1. Basic facts

A. On December 2014, the Defendant, who runs a construction business under the trade name of C, contracted a new urban-type residential house (hereinafter “instant housing”) with the scale of 128 households from the ground surface to the fourth floor above the ground surface on the land outside the Yananan-si, Seoan-gu, Seoan-gu, Seoan-si, Seoan-si, and two parcels of land.

B. On December 5, 2014, the Presidential Decree of the Republic of Korea (U.S.) and the Presidential Decree of the Construction of the Republic of Korea (U.S.) concluded a subcontract on the condition that the Defendant would pay the construction price directly to the Plaintiff and the construction works of reinforced concrete (hereinafter “the instant construction works”).

(hereinafter referred to as the “instant subcontract”). (c)

According to the instant subcontract agreement, the Plaintiff and the Defendant respectively drafted a written agreement dated March 30, 2015 (hereinafter “instant agreement”), a written agreement for the payment of construction expenses on March 31, 2015 (hereinafter “instant agreement for the payment of construction expenses”), and a notarial deed dated March 31, 2015 (hereinafter “notarial deed”).

Contract price of the construction project in this case: KRW 1,257,00,000 (including value-added tax)

2. In a case where the Defendant and the Plaintiff agreed on the instant construction site payment agreement, and (i) the Defendant did not pay the payment within seven days after the lapse of the number of days each month due to the Defendant’s circumstances, the Defendant shall pay the Plaintiff the payment in addition to 10% of the monthly amount paid by the number of vehicles each month. (ii) In a case where the Plaintiff received the payment by the number of vehicles each month and the construction is not resumed within seven (7) days, the Plaintiff will reduce 10% of the monthly amount paid by the number of vehicles each month and receive the payment for the completed portion.

Agreement on Payment of Construction Costs

3. The plaintiff and the defendant agree to the payment method of construction cost as follows:

Any balance of the progress payment of the first and second completed portion for the second time, 1,257,00,000

7. 200,000,000

4. 15. 100

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