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(영문) 수원지방법원 안산지원 2017.01.19 2015가합28
공사대금
Text

1. The Defendant’s KRW 49,05,146 as well as the Plaintiff’s KRW 5% per annum from January 21, 2015 to January 19, 2017, and the following.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) subcontracted the construction of reinforced concrete among the above construction works to the Plaintiff, on November 1, 2011, who is awarded a contract with the Defendant for the construction of a new construction of an aggregate on the land E-M on the off-line and four parcels of land, which is called “F” on January 16, 2012.

B. The contract for the above construction work between the Defendant and C was rescinded on May 17, 2012, and the Defendant agreed on August 31, 2012 and completed the settlement as follows.

On November 1, 2011, the construction contract was terminated on May 17, 2012 by agreement between the contracting parties while entering into a construction contract and performing the construction work on November 1, 2011, which is implemented by E (C representative G) at the said location of the said Agreement. As regards the construction cost and loan for project costs, 400 million won is to be entered into and paid the sales contract with ten households with 400 million won on an urban-type residential house constructed at the said location, and to be returned at the time of repayment of principal and interest. The remaining 200 million won is to be paid at the time of loan of the Fund (the first 35 million won), and the second 30 million won is to be paid at September 20, 2012, and the remainder 13,500 million won is to be paid on April 30, 2013.

In order to prove this, two copies of the agreement shall be prepared and notarized, and each one shall be kept in custody.

C. On June 2012, 2012, Gyeongjin Construction Co., Ltd. (hereinafter “Gyeongjin Construction”) contracted the said construction by the Defendant, and subcontracted the said construction to the Plaintiff on June 8, 2012 for the construction cost of KRW 1,670,00,000 during the said construction. As the Plaintiff was not paid the construction cost, the said construction was suspended from September 1, 2012, and the said construction contract was rescinded between Gyeongjin Construction and the Defendant around December 2012.

A project owner: E and representative B project owner: F representative A - the project owner's construction cost during the contract execution between B and the contractor of the said project.

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