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(영문) 서울중앙지방법원 2016.01.28 2013가합550046
공사대금
Text

1. Of the instant lawsuits, KRW 223,268,00 among the instant lawsuits and KRW 60,025,30 among them shall be KRW 163,242,70.

Reasons

Basic Facts

On November 28, 2012, the Plaintiff, a construction business operator, entered into a contract for construction works, indicated “D” as the Defendant’s child in the “contractor” among the Defendant’s contract under the owner of construction works. However, it appears that there is no dispute between the Plaintiff and the Defendant that the contract was entered into between the instant parties. The said D appears to have entered its name and address in the contract in the purport that it is the father’s agent.

In addition to the attached special agreement, only the defendant shall be stated in the owner.

Between Dongjak-gu Seoul Metropolitan Government and 1, the construction contract was concluded for the construction project (hereinafter “instant construction project”) that newly constructs 11 households of urban residential housing (studio-type) of the fifth floor above the ground (hereinafter “instant housing”).

(hereinafter “instant construction contract”). The main contents of the instant construction contract are as follows.

Standard contract for private construction works

3. Date of commencement: The date scheduled for completion on November 28, 2012: February 28, 2013: KRW 30 million in total (including value-added tax) of KRW 30 million in total.

7. Advance payment: Payment of the balance at the time of the completion of the work of making the payment of the daily advance of KRW 40,000,000 in advance (40,000,000 in advance) with the first payment of KRW 30,000,000 (after the second floor of the aggregate), the second payment of KRW 30,000,000 in advance; and

1. One copy of the general terms of a contract for private construction works;

2. One copy of the special condition of the construction contract;

3. A copy of a design document and a calculation sheet;

4. The original text was written to the maximum extent possible, except as otherwise expressly provided for in a part of the contract agreement to be entered in the attachment agreement.

1. The procurement of the total construction cost with respect to C Construction shall be 10% of the total construction cost in advance to the corporate account in the name of the contracting company at the time of commencement, and the construction cost shall be partly covered by the current cost not exceeding 100 million won, including the down payment, and the conditions for appropriation shall be as follows: (a) the completion of the use is completed after all the construction is completed;

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