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Reasons
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(영문) 인천지방법원 2015.11.13 2015가단9799
공사대금
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1. The Defendant shall pay to the Plaintiff KRW 50,98,790 per annum from March 7, 2015 to September 30, 2015, and from the next day.

Reasons

1. Facts of recognition;

A. 1) On February 28, 2013, the Plaintiff entered into the first construction contract with the Defendant on February 28, 2013, among the Ctrade Factory Extension Works in Daegu-gun (hereinafter “instant First Construction Project”).

(i) 100,100,000 won (including value added tax; hereinafter the same shall apply) for the construction cost;

(2) The Plaintiff was paid KRW 77,790,000 by June 30, 2014 after completing the said construction work on August 25, 2013.

3) On May 24, 2014, the Defendant’s agent D drafted a settlement statement stating that the construction cost of the instant first construction project is KRW 100,100,000 with the delegation from the Defendant’s representative director. (B) On June 21, 2012, the Plaintiff purchased from the Defendant the amount of KRW 44,00,000 for the construction cost of the instant construction project, among the new construction works of the Cancer Water Treatment Center located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant second construction works”).

2) The Plaintiff received total of KRW 24,801,210 by June 13, 2014, including that the Plaintiff received KRW 16.5 million on September 12, 2012, and completed the said construction work on October 31, 2014. (3) The Plaintiff entered into a contract to change the construction cost to KRW 38,830,000,000, excluding the portion of the Capital Capital Construction on November 4, 2014; and the Defendant’s agent D, upon delegation by the Defendant’s representative director, drafted a statement of settlement to the Plaintiff that confirmed that the construction cost of the second construction work was KRW 38,830,00 on the same day.

C. On May 31, 2014, the Plaintiff entered into the third construction contract with the Defendant on May 31, 2014, the construction work of Aluminium and metal windows among the construction work of the building of the Samnam University located in Seoul Special Metropolitan City, Nowon-gu (hereinafter “the third construction work”).

(2) The Plaintiff received KRW 20,000,000,000, in total, after completing the said construction work on July 31, 2014.

3. On November 6, 2014, the Plaintiff entered into a contract by changing the construction cost to KRW 34,650,000.

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