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(영문) 의정부지방법원고양지원 2016.07.13 2015가합1772
공사대금 등
Text

1. As to the Plaintiff KRW 624,186,804 and KRW 130,000 among them, the Defendant shall pay to the Plaintiff KRW 160,000,00.

Reasons

1. Basic facts

A. The Defendant awarded a contract for the construction of the Defendant’s private house on the ground of the 470-4 square meters of land for a factory, 686.1 square meters (hereinafter “instant land”) in Seo-gu, Seo-dong, Seo-gu, Two Construction Co., Ltd. (hereinafter “Yyoung Construction”), and on April 14, 2013, two Young-gu construction subcontracted the Plaintiff with the construction cost of KRW 1,155,000,000, and the construction period of construction from April 14, 2013 to September 14, 2013.

B. On July 23, 2013, the Plaintiff, the Defendant, and the two Young Construction agreed to pay the Plaintiff the subcontract price of KRW 955,00,000 directly to the Plaintiff (hereinafter “instant first direct payment agreement”).

C. On April 2, 2014, the Plaintiff, the Defendant, and the two Young Construction agreed to pay the Plaintiff a subcontract price of KRW 300 million directly (hereinafter “instant secondary payment agreement”) and agreed as follows.

6. Where the contractor (Defendant) fails to recover H-BAM installed in the contractor (dudu construction) by May 30, 2014 due to the delay in construction, the loss incurred after May 30, 2014 shall be paid directly by the project owner to the subcontractor.

7.H-BEM established in H-BEM in buildings SIDE, except for erroneous construction, H-BEM recognizes the existing loss fees applied and the president’s unit price shall be paid directly by the ordering person (the Defendant) to the subcontractor (the Plaintiff) by applying new provisions.

On June 10, 2014, the Plaintiff and the Defendant concluded a contract under which the Defendant contracted the Plaintiff with the construction cost of KRW 230,000,000 (hereinafter “instant primary contract”) among the instant construction works, and agreed as follows:

Article 2 (Supplementary Matters) (1) Costs of equipment and expenses for the decommissioning of installation incurred due to the replacement of the team president of the 4 team team leader and the UNACK.

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