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(영문) 대전지방법원 2016.06.15 2014가합5665
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 25,970,607 to the Plaintiff (Counterclaim Defendant) and its amount from May 28, 2014 to June 15, 2016.

Reasons

Basic facts (common to main claim)

A. On February 25, 2014, the Defendant awarded a contract to the Plaintiff for the instant construction work involving the 2nd floor extension of the Dagency located in Geumsan-gun, Geumsan-gun (hereinafter referred to as “instant building,” and the said construction work “instant construction”).

(hereinafter “instant contract”). (b)

The Iron Corporation, the basic part of the instant construction, was E.

C. The Defendant paid the construction price to the Plaintiff and E as follows:

Details of payment to the plaintiff

(b) The details of payment for E on March 3, 2014, the payment for the No. 40,000,000 on March 1, 2014; 10,000,000 on March 1, 2014; 20,000 on April 15, 2014; 35,000,000 on April 15, 2014; 35,000,003 on April 16, 2014; 35,000,000,000 on April 35, 200 on April 16, 200, 2004; 50,000,000 on the aggregate of 50,000,000,000 on May 9, 200,000 [1]

D. Around the commencement of the instant construction project, the Plaintiff issued a construction subcontract form (No. 2, hereinafter “instant contract”) to the Defendant.

The main contents of the instant contract are as follows.

For the purpose of subcontracting construction for the extension of the second floor between the parties, the following contracts shall be concluded between the parties to the contract for construction of the second floor of the agency contract of construction of the second floor:

Article 1 - The above subcontractor shall give a subcontract for the basic (construction) construction of the second floor of the neighborhood living facilities of the agency located in the Chungcheongnam-gun F in Chungcheongnam-gun, Chungcheongnam-gun, the contractor has contracted to the subcontractor to the contractor, and the contractor shall be paid the remuneration in return for the completion of the subcontract.

Article II The scope of basic construction (construction) of this Agreement shall be subject to design attached to all contracts.

Article 6 The subcontractor shall commence the contracted construction on March 5, 2014 and complete and deliver it as described in the design drawings by May 5, 2014.

Article 8 The total construction cost to be paid by the contractor for the result of the contracted construction shall be KRW 195,00,000, and the method of payment of the construction cost of the building shall be 50.50.

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