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(영문) 서울동부지방법원 2017.01.13 2016가합100360
공사대금
Text

1. Defendant corporation

EF&C’s KRW 220,000,000 and its scope from April 8, 2011 to December 2016 to the Plaintiff.

Reasons

Basic Facts

On October 1, 2010, the Defendant Private Teaching Institutes concluded a contract between the Defendant Company and the Geumcheon-gu Seoul Metropolitan Government for the construction of the instant building on the ground (hereinafter “instant construction”) and the construction cost of KRW 3.190 million (including value added tax; hereinafter the same shall apply) with the construction cost of KRW 3.190 million (hereinafter “instant contract”) and paid KRW 958 million to the Defendant Company in advance.

On November 12, 2010, the Plaintiff entered into a contract with the Defendant Company to receive a subcontract for civil engineering works and reinforced concrete construction works with the cost of construction of KRW 1.243 million (hereinafter “instant subcontract”). On February 11, 2011, the Plaintiff entered into a contract with C and D (hereinafter “C, etc.”) to re-subcontract the cost of construction as KRW 330 million (hereinafter “civil engineering works”).

D on January 9, 2014, transferred to E the claim for the cost of civil works to its own defendant company based on the re-subcontract of this case.

After the completion of the existing building demolition construction, the Defendant Company agreed to waive the instant construction work and settle the construction cost on April 2, 201 with the Defendant’s private teaching institute (hereinafter “instant settlement agreement”) after the completion of approximately 90% of the civil construction works for the new building construction.

Around that time, Defendant Private Teaching Institutes concluded a contract for the remainder of the instant construction project (hereinafter “the remainder of the instant construction project”) during the instant construction project (hereinafter “the instant construction project”) by setting the construction cost of KRW 2.4775 million with the Doman Integrated Construction Co., Ltd. (hereinafter “Daman Construction”), and concluded a contract for the remainder of the instant construction project (hereinafter “the remainder of the instant construction project”). On April 10, 201, friendly Construction Co., Ltd. (hereinafter “Dain”) determined the construction cost of KRW 418.5 million with the Doin Land Co., Ltd. (hereinafter “Dain Construction”).

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