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(영문) 서울동부지방법원 2015.01.09 2014가합104528
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 68,860,952 to the Defendant (Counterclaim Plaintiff) and its amount from July 22, 2014 to January 9, 2015.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1; (c) evidence Nos. 2 and 4; and (d) Nos. 17-1 and 2; and (c) the purport of the entire pleadings as to fact-finding with respect to the Barun Construction Co., Ltd.

On June 14, 2013, the Defendant: (a) received sewage from 3 tools for the diversity project (hereinafter “instant construction project”); and (b) entered into a sub-subcontract construction contract (hereinafter “instant construction contract”) with the Plaintiff on July 2, 2013, as follows.

1. Construction of a place where an order is placed;

2. Three tools for a dives construction project among the dives, dives, and second lot dives;

3. Construction period of KRW 715,00,000 (including value-added tax; hereinafter “instant prime contract amount”) from June 14, 2013 to April 30, 2014

5. Amount of responsible construction: 663,367,118 won (including value-added tax);

7. Time and method of payment of the price: Cash payment within seven days after the amount of the order is placed; and

A. The Plaintiff shall perform all services ordered by the ordering authority equally on behalf of the Defendant.

B. The Plaintiff is not entitled to demand all other matters in addition to the cost of service received by the Defendant from the ordering authority.

Wages and expenses shall be paid in cash to workers on the 10th day of each month, and the unpaid period shall be withheld.

B. On January 22, 2014, the Plaintiff suspended the instant construction work, and on January 22, 2014, sent an official letter to the Defendant, stating that “The instant construction work does not facilitate the on-site input of workers and materials due to the lack of labor cost and material cost, and the progress of the remaining construction work has occurred due to 25.8% of the construction cost, so that the construction work is completed as soon as possible to ensure that it does not interfere with the progress of the construction work.”

Accordingly, the defendant around February 7, 2014.

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