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(영문) 서울중앙지방법원 2017.12.21 2017가합565626
공사대금
Text

1. The Defendant’s KRW 26,269,840 for the Plaintiff and 6% per annum from February 25, 2017 to December 21, 2017.

Reasons

1. The following facts do not conflict between the Parties:

C) 1) The Defendant’s subcontract for the production and installation of pipes (hereinafter “instant C Construction”) at the site of “C New Construction Works” under construction on December 8, 2015.

(iii) contract amount of KRW 144,320,00 (including value added tax);

hereinafter the same shall apply.

(2) From December 8, 2015 to May 10, 2016, the Plaintiff and the Defendant agreed to add the contract amount to KRW 26,400,00 with respect to the instant C Corporation as well as to increase the contract amount to KRW 26,40,00 on January 3, 2016. ② On June 8, 2016, when the construction is completed, the Plaintiff agreed to add the contract amount to KRW 78,776,50 by settling the details of the construction in addition to the “HVAC pipeline construction.”

B. On May 17, 2016, the Defendant awarded a subcontract for the production and installation of Dleeve (hereinafter “DD”) to the Plaintiff by setting the contract amount of KRW 11,00,000,00 and the contract period from May 17, 2016 to June 17, 2016.

C. From July 2015, the Plaintiff entered into a subcontract for pipe connection works with E M14D (hereinafter “instant E”) on or around the end of July 2015, the “E MM14D Production Equipment Pipelines HOK-UP construction” (hereinafter “E construction”).

(2) Upon receipt of a request from the Defendant to participate in the work, from August 12, 2015, the Defendant subcontracted part of the instant E work to the Plaintiff, but did not prepare a subcontract document stating the scope and volume of the work, the cost of construction, the period of construction, the method of payment, etc. among the Plaintiff.

The details of the construction cost paid by the Defendant to the Plaintiff regarding each of the instant construction works, including the current status of the settlement of construction cost between the Plaintiff and the Defendant, and the details of direct payment of wages to the Plaintiff are as follows.

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