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1. The Defendant’s KRW 180,000,000 as well as 6% per annum from September 29, 2018 to October 17, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On November 1, 2017, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) under which the Plaintiff takes away earth and sand and stone generated from D construction sites (hereinafter “instant construction site”).
The main contents of the above contract are as follows:
The contract for the release of earth and sand (Article 1): D site quantity: approximately 50,00, premium and additional quantity are not included in the contract quantity of the Nam-gu Incheon Metropolitan City E. [Article 2] From November 4, 2017, which is anticipated to be taken out of earth and sand and stone in the subject-matter of the contract under Article 1, at the time of the site termination [Article 3] from November 4, 2017, at the time of the site termination [Article 3] A shall be paid or recovered from the Plaintiff for each soil and sand (Article 19,200, marina, 9,000, camba, 30,000, camba, 86,500, and 86,500 won per unit. However, after mutual settlement, the Plaintiff shall be paid to C for settlement after mutual consultation. 2) The Plaintiff shall be paid KRW 100,000,00.
3) C shall pay the down payment received to the Plaintiff after offsetting it in the final settlement month. 4) The Plaintiff does not refund the down payment when it violates C’s contract.
B. In addition, on November 9, 2017, the Plaintiff entered into a contract with the Defendant for soil and rock removal (hereinafter “instant shipment contract”) with the following terms and conditions:
The Defendant paid KRW 33,00,000,000 on November 14, 2017, and KRW 33,000,000 on November 15, 2017, and KRW 17,000 on November 30, 2017, respectively, to the Plaintiff, and paid all the down payment KRW 200,000 under the instant shipment contract.
The name of the project subject to the contract (Article 1): The quantity of the project to be newly constructed as D: approximately KRW 50,000 for the area of the project: The quantity of the project to be located as the site of the project: approximately KRW 50,000 for the area of the project to be used as the site of the project to be used as the site of the project to be used as the site of the project to be used as the site of the project to be used as the site of the project to be used as the site of the project to be used as the site of the
Provided, That where the date exceeds the fixed date, the contract period may be extended after consultation with the plaintiff.
[Article 3] The unit price and the conditions for approval are 1 defendant.