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(영문) 서울남부지방법원 2017.02.10 2016가합105276
공사대금
Text

1. The defendant shall pay to the plaintiff KRW 220,000,000,000.

(a) As regards KRW 218,515,00 among them, from July 14, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that operates a lighting, painting, and waterproofing construction business, and the Defendant is an individual who operates a freezing warehouse business with the trade name B.

B. C Co., Ltd. (hereinafter “C”) awarded a contract for freezing expansion works by the Defendant to the Plaintiff, and subcontracted the following construction works to the Plaintiff: (a) C and the Plaintiff entered into a subcontract on June 5, 2014; and (b) the Defendant jointly and severally guaranteed the obligation to pay the subcontract price to the Plaintiff.

A project owner: The name of the subcontracted project owner B, the representative of the defendant, and the main contractor of the C subcontracted project: The period of the unclaimed project, the sculpture, and the waterproof (the design separate): The period of the construction project: The period of the completed project on August 30, 2014 at the time of acceptance: The period of the payment of KRW 50 million (including value-added tax) on June 5, 2014: The period of the payment shall be appropriated first as the bank facility fund for each month, the payment responsibility shall be paid by the project owner, and C shall not be liable for the payment of the construction, and the bank loan shall not be directly treated by the Plaintiff immediately by submitting the documents for the loan to the Plaintiff.

at the time of bank loans, direct payments shall be made within two days.

The subcontractor shall pay to the principal contractor in cash or the following certificates, after completion inspection, the amount calculated by multiplying the rate of the warranty bond specified in the contract by the contract (hereinafter referred to as "deposit for the repair of defects") (hereinafter referred to as "deposit for the repair of defects") by the contract amount:

Provided, That this shall not apply where the payment of security deposit is not required due to the nature of the construction project.

1. Certificates issued by the Construction Mutual Aid Association, Specialized Construction Mutual Aid Association, Electrical Construction Mutual Aid Association, and Telecommunications Corporation Association;

2. Surety insurance policy;

3. Letter of guarantee from the Credit Guarantee Fund;

4. National or local bonds; and

5. Financial institution payment guarantee.

6. Certificates of deposits of financial institutions;

C. On April 5, 2016, the Plaintiff completed the instant construction, as follows.

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