(영문) 부산지방법원 2018.11.01 2015가단68504

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(영문) 부산지방법원 2018.11.01 2015가단68504

구상금등

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1. The Defendant’s KRW 185,257,697 as well as 5% per annum from April 12, 2016 to November 1, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates businesses such as civil engineering and construction works.

B. The Defendant is a person who operates C and construction business with the trade name “D” in the name of the wife C.

C. On June 2, 2015, the Plaintiff awarded a subcontract for part of the construction work for the construction work for the FY 2 factory from the E Co., Ltd. (hereinafter “E”), and then sub-subcontracted the construction work for the construction work of reinforced concrete (hereinafter “instant construction work”) to C during the construction period from June 1, 2015 to July 30, 2015.

(hereinafter “instant construction contract”). D.

On June 2, 2015, the Plaintiff agreed to pay advance payment of KRW 40 million to C below the Defendant’s joint and several sureties and then deduct full amount from the first installment payment.

(A) No. 4. E.

C On June 29, 2015, under the Defendant’s joint and several guarantee, claimed KRW 140,000 as the first time construction cost for the Plaintiff (Evidence 5), and requested the Plaintiff to deduct advance payment KRW 40,000 from the second time construction cost, unlike the initial agreement.

F. On July 9, 2015, C promised to ensure that the Plaintiff does not suffer any climate problem, and if there is any number of persons who could not receive labor expenses, C promises to be responsible for the payment of the wages, etc., on June 1, 2015, and ② the amount of the base payment up to June 30, 2015 shall be KRW 113,90,000 or KRW 140,000,000,000, and the difference shall be deducted from the second installment payment at the end of July, 201, and the amount of excess KRW 26,100,000 shall be deducted from the second installment payment at the end of July, 200 (Evidence 7); ③ the advance payment of KRW 40,000,000 shall be deducted from the amount of the base payment at the end of July 30, 200; and the Defendant agreed to provide a guarantee for each advance payment (Article 8).

Each of the above documents is signed and sealed as joint and several sureties.

§ 1.

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