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(영문) 대구지방법원 김천지원 2018.06.22 2017가합15167
공사대금
Text

1. The Defendant’s KRW 40,030,457 as well as the Plaintiff’s annual rate of 6% from March 9, 2017 to June 22, 2018, and the following.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur with the trade name of “C” for the purpose of manufacturing automation machinery and electricity construction business, etc., and the Defendant is a company with the purpose of electricity construction business, etc.

B. On October 5, 2015, D Co., Ltd. (hereinafter “D”) entered into a subcontract with the Defendant for the electrical construction (hereinafter “instant construction”) among E-Housing Redevelopment Project to pay the contract amount of KRW 2,653,752,400, and the amount of payment once a month for the parts in advance (within 60 days from the date of receipt of the object).

The construction period of a contract for participation in construction: The contract amount of KRW 2,183,00,000 on October 5, 2015, completion May 31, 2017: The payment of progress payment of KRW 2,183,00: Once a month (Separate Special Conditions, the Plaintiff expressed his/her opinion as a site for lack of simple seal as to the terms of “contract” and “special conditions of the contract” (2-9 pages) attached to the construction participation contract in the document No. 2 of Section B, and disputes the establishment of the petition. The testimony in the document No. 16 of the document No. 16 and witness F alone are insufficient to recognize that the Plaintiff and the Defendant concluded a contract with a whole condition attached to the above contract terms and special conditions at the time of the conclusion of the instant contract, and there is no other evidence to acknowledge otherwise. Accordingly, the above part in the document No. 2 of subparagraph 2 is not admissible as evidence. - Contract deposit rate of KRW 1018,300,00.

C. On October 5, 2015, the Defendant awarded a sub-subcontract to the Plaintiff for the instant construction work, and entered into a contract with the Plaintiff as follows.

(hereinafter “instant construction contract”). D.

On December 10, 2015, the Plaintiff entered into a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”) with G Co., Ltd. (hereinafter “G”) as indicated in attached Form 1 to guarantee the performance of the damage that the Defendant would incur, as the Plaintiff did not perform its obligation under the instant construction contract, and thereby, entered into a performance guarantee insurance contract (hereinafter “instant guarantee insurance contract”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, and Eul evidence No. 1.

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