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(영문) 대전지방법원 2017.06.15 2015가단9209
구상금등
Text

1. The Defendant (including the counterclaim) is jointly and severally liable to the Plaintiff (the counterclaim Defendant) for KRW 12,904,500 and the amount on April 3, 2015.

Reasons

The main lawsuit and counterclaim are also examined.

1. Basic facts

A. On September 11, 2014, the Plaintiff and the Defendant Company entered into a subcontract agreement for construction works (hereinafter “instant construction contract”) with respect to temporary sites, reinforced concrete, and retaining wall construction works (hereinafter “instant construction works”) in Ulsan-gun, Ulsan-si, and two parcels of land (hereinafter “instant construction works”) among the new construction works for housing units, and drafted the following major contents of the contract:

1. A project owner: A plaintiff;

2. Name of subcontracted project: A temporary installation, reinforced concrete or retaining wall construction;

4. Period of construction: September 2014.

5. Contract amount: including lump sum payments and value-added taxes;

6. Payment of the price;

(a) Endd portion: at the time of the month (payment at the end of the following month after a claim for the current month); 11. The rate of liquidated damages: Article 10 (Calculation and Payment of Wages) (2/100)

1. The Defendant Company submitted the details of the completed portion from the first day of each month to the first day of next month, and the Plaintiff received the daily labor cost ledger and tax invoice for the pertinent amount after confirmation and confirmation of the completed portion, from the Defendant Company, and paid the completed portion based thereon, and the time when the payment for the completed portion was made shall be within 30 days from the date when the Plaintiff received the construction cost from the

B. On November 20, 2014, the Plaintiff and the Defendant Company entered into a modified contract on the instant construction (hereinafter “instant modified contract”) and the Defendant B, as a joint and several surety, entered into the following major modification contract on the Defendant Company’s obligations.

Article 1 (Definitions) This Agreement is a modified contract for the instant construction project concluded on September 11, 2014.

Article 2 (Change of Contract Amount): The original contract period of KRW 243,00,000, modified 309,000: The original contract period of KRW 209,000,000, which was previously changed: The provisions of each of the original contract, which was not amended in this Agreement, from September 11, 2014 to November 20, 2014, amended from September 11, 2014 to December 20, 2014, shall remain effective.

1) A retaining wall (existing addition: 197M x 220,000 = 42.0

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