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(영문) 서울중앙지방법원 2021.02.18 2018가합544107
구상금
Text

1. As to KRW 371,665,397 and KRW 184,545,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 137,840,70 from November 28, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation whose construction business purpose is the Plaintiff.

The defendant is a person engaged in construction business under the trade name of "C".

D as the owner of each land of Nam-gu E and F at port, the Defendant and F with respect to the land of the E (hereinafter referred to as the “E”) (hereinafter referred to as the “F land of this case”) are those who entered into a construction contract with the Plaintiff with respect to the land of this case and F (hereinafter referred to as the “instant land,” and combined with the said land of this case).

B. On July 21, 2016, D entered into a contract for construction works on the entire land of this case with the Defendant on July 21, 2016, following the Plaintiff’s introduction, D entered into a contract for construction works (hereinafter “contract for construction works of this case”) with a construction cost of 280,000,000 won for a construction project, down payment of 10,000,000 won for a construction project, and period of construction from July 2016 to January 2017, 200 of the construction cost of base pay of 1/100 per day immediately after the delayed rate of prize (hereinafter “contract for construction works of this case”). The contract for construction works of this case referred to as “contract for construction works of this case,” and the written contract for construction works of 1 is “the contract for construction works of this case,” and the contract for construction works of this case, which was executed in accordance with the contract for construction works of this case.

2) In addition, on October 29, 2016, D entered into a contract with the Plaintiff for construction work that constructs neighboring living facilities and multi-household houses (423 square meters in the site area, 471.35 square meters in the total floor area of construction) on the said land on the 4th floor (hereinafter “instant contract for construction work”) with the construction cost of KRW 750,000,000 in the construction contract amount, down payment of KRW 250,000 in the contract amount, down payment of KRW 250,000 in the construction period, and from November 2016 to July 2017, 2016, D entered into a contract for construction work that sets forth the construction cost of base level of KRW 1/100 per day (hereinafter “instant contract for construction work”).

Then, the Plaintiff’s entire construction contract received from D on November 9, 2016, once again serves as KRW 690,000,000 for the construction price, contract price of KRW 200,000 for the construction period, and the delayed payment rate of KRW 30,00 for the Defendant from November 30, 2016 to June 30, 2017.

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