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(영문) 부산지방법원서부지원 2020.09.15 2019가단4821
공사대금
Text

1. Defendant C’s KRW 37,00,000 and its amount shall be 15% per annum from May 14, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 15, 2018, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a contract with E (hereinafter “D”) for the construction of a new construction of a factory for the Defendant Company with three parcels of land (hereinafter “instant new construction contract”) on the following occasions: (a) the construction cost of KRW 520 million; (b) the value-added tax of KRW 520 million; and (c) the construction period of KRW 520 million from July 27, 2018 to October 30 of the same year.

B. On October 29, 2018, D entered into a subcontract for low temperature storage and installation works among the instant new construction works (hereinafter “instant facility contract”) with the Plaintiff, and agreed to pay each of the remainder KRW 20 million within 10,000,000,000 for construction cost, value-added tax of KRW 11,000,000,000 for the delivery date, and KRW 80,000 from the delivery date, and the down payment amount of KRW 22,00,000 for the equipment at the time of entering into the contract, the intermediate payment of KRW 66,00,000 for the equipment, and the remainder of KRW 22,00,00

C. After that, the Plaintiff received 22 million won as down payment from D and started the instant facility, but did not receive an intermediate payment of KRW 66 million from D and suspended the instant facility.

With respect to the instant facility works between the Plaintiff and D, Defendant C, the representative of the Defendant Company, the owner of the building, promises as follows.

First, among the total contract amount of KRW 120 million (including value-added tax), KRW 22,00,000 for the first progress payment was paid in D, and the Corporation did not progress smoothly, and it paid KRW 22,00,000 for the second progress payment in the Defendant Company, the owner of the project, by proxy, in December 18, 2018.

Second, the balance of KRW 70 million is paid up until January 15, 2019 by implementing a loan after installing a freezing, and if the loan is not paid, it is not a civil or criminal liability for establishing a collateral security on the company and personal property of Defendant C.

Third, since it is a contract between D and the plaintiff, all tax invoices shall be issued after the completion of the construction work, and after the completion of the construction work, deposit KRW 90 million to the plaintiff.

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