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(영문) 대구지방법원 2017.09.08 2016가합200716
공사대금
Text

1. The defendant,

A. Plaintiffs A and B: (a) KRW 133,301,00; and (b) KRW 123,649,200 on the Civil Round Co., Ltd.; and (c) Plaintiff.

Reasons

1. Basic facts

A. (1) On May 2014, the Defendant (a) entered into a contract for four new construction works of the Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, J, and K (around May 201, to L on July 11, 2014, for the said new construction works, to subcontract the construction cost of KRW 703,00,000 for the said new construction works (hereinafter “instant original contract”), and L completed the construction work on September 11, 2014 in accordance with the said contract.

(2) On May 28, 2015, L agreed with the Defendant to deduct the prepaid material costs and personnel expenses, which were mutually paid at KRW 703,00,000,000 for the said construction cost, and the Defendant directly pays the unpaid material costs, outsourcing costs, and human wage to the subcontractor, etc. In addition, the Defendant agreed to cancel the execution of the first provisional seizure (Seoul District Court 2015Kadan1898) with L, at the same time as L, to withdraw the said request for the payment order, and upon receiving KRW 30,00,000 from the Defendant under the said agreement, the first provisional seizure was cancelled, and the said request for the payment order was withdrawn.

(3) On August 5, 2015, L presented to the Defendant a “final settlement statement (excluding value-added tax) settlement statement (excluding value-added tax) on the part of the Defendant with respect to the Cheongdo Youth project, and on the 10th day of the same month, the Plaintiff will be responsible for the portion of the Cheongdo Youth project, where the Plaintiff reached a final agreement with the Defendant on all the amount of the Cheongdo Youth project, with the 72,891,040 won, excluding the amount of the 359,622,505 won, the amount of the 359,622,505 won, and the amount of the 270,455 won, which shall not be paid directly to the subcontractor, etc. (hereinafter “the amount of the Cheongdo Youth project”).

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