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(영문) 서울중앙지방법원 2017.12.14 2017가단5031190
공사대금
Text

1. The defendant,

A. From February 15, 2017 to December 14, 2017, Plaintiff A, as well as KRW 53,912,050, and this.

Reasons

1. Facts of recognition;

A. A. Around March 2016, the Defendant entered into a construction contract with D, a foundation that is the project owner, for the extension of the FIE in the permanent residence of North Korea, and entered into the construction contract by setting the construction cost of KRW 1,944,00,000 (including value-added tax; hereinafter the same shall apply) and the extended construction period on January 31, 2017, and carried out the extension construction.

B. Around September 2016, the Plaintiff Company received a subcontract from the Defendant for the 33,200,000,000 won of the construction cost of the first floor mold and the 43,879,000 won of the construction cost of the construction of the 33,20,000 and the 43,879,000 of the construction cost of the 33,00,000 of the 124,30,000 of the construction cost of the 33,00,000 of the 43,879,000 of the construction cost of the 33,00,000 of the 43,00 and the 40,000 won of the 43,879,00 of the construction cost of the 2016.

C. On the other hand, on September 13, 2016, the Defendant paid KRW 22,00,000 to the Plaintiff Company a total of KRW 132,539,000 (i.e., KRW 33,220,00 for the subcontracted construction work on the first floor, KRW 43,879,00 for the Rotterdam construction work on the first floor). On January 17, 2017, the Plaintiff Company received some of KRW 50,000 for the subcontracted construction work on a direct basis from the ordering person, and the warranty bond for the said subcontracted construction work is KRW 6,626,950 (=132,539,000 for the repair work on the first floor).

Plaintiff

B (A) Although (A) supplied building materials used for the said extension to the Defendant from April 2016 to January 2017, it had not yet received KRW 77,717,468 as proceeds of the attempted materials.

[Ground] There is no dispute, and according to the above facts acknowledged as above, Gap evidence Nos. 1 through 26, Eul evidence Nos. 1 through 8 (including provisional number), witness H, and I’s testimony, and the purport of the whole pleadings, the defendant shall deliver to the plaintiff company the written complaint of this case, which is the day following the delivery of the written complaint of this case.

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