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(영문) 서울북부지방법원 2017.09.14 2016가단36277
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and Eul evidence No. 1.

After receiving a contract for D New Construction Works from C, the Plaintiff entered into a construction agreement with the Defendant on the entire construction of reinforced concrete among the above construction works (hereinafter “instant agreement”), which includes the following contents as to the whole of the said construction works (hereinafter “instant agreement”). The said agreement is written by the Plaintiff as the contractor, the Defendant, and E as the contractor’s guarantor.

Article 4. The contract amount under Article 5 from November 2, 2015 to March 30, 2016: The payment of the price under Article 6: 507,210,000 won (excluding value-added tax): The concept of Stockholm options. In principle, the Plaintiff’s direct payment shall be made, and the remaining amount shall be paid to the Defendant when the following is satisfied within the construction price, and the amount which was the beginning time when the above contract amount exceeds the above contract amount shall be liable to the Defendant.

Article 14 Calculation and Execution of Construction Amount: 1,166 】 435,00 won = 507,210,000 Stockholm x 506 x 5,000 won = 5,830,000 won = Wages, food expenses, steel products expenses, equipment expenses, other expenses (including other expenses) etc. within the construction amount directly made by the plaintiff to an enterprise after the cooperation of funds by the plaintiff and the defendant.

(Provided, that if the defendant so desires, it is an agreement that does not violate the Framework Act on Construction Projects, the Enforcement Decree and Enforcement Rules of the same Act, and other Construction Business Act.

(not sub-subcontracts). The form of an agreement under section 40 is borrowed in the form of a subcontract agreement.

(Agreement between the plaintiff and the defendant). (b)

In addition, on March 28, 2016, the Plaintiff changed the construction period under the instant agreement with the Defendant as of May 15, 2016, to the contract amount of KRW 550,000 (excluding value-added tax) (hereinafter “instant amendment agreement”), and added the following special agreement thereto:

Article 1 Amendment (4,2790,000 won) is not a change in design and other matters as of March 19, 2016.

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