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(영문) 대전지방법원서산지원 2014.07.03 2013가합3766
공사대금
Text

1. The Defendants are 101,460,000 won per annum for each Plaintiff and 20% per annum for each Plaintiff from August 28, 2013 to the date of full payment.

Reasons

1. Basic facts

A. The Defendant Chang Port Co., Ltd. (hereinafter “Defendant Chang Port”) awarded a contract for the TPP A2 PRK - AR02, and 3 construction from Samsung C&C A2 PTRAL - AR03. Around February 20, 2013, it changed the name as of April 23, 2013 with respect to the construction of Samsung C&T Co., Ltd. (hereinafter “Defendant Samsung Port”) and the construction period as of February 20, 2013 with respect to the construction of mold and B&T 30 from Samsung C&T 20 to December 30, 2013, and the construction period as of February 20, 2013 (including value-added tax), including the construction period as of March 4, 2013; and the construction period as of March 23, 2013; and the construction period as to reinforced concrete (including value-added tax); and

B. On February 23, 2013, the Plaintiff is the Defendant U.S. Construction Division and the above A.

Of the reinforced concrete construction works described in paragraph (1), each contract for construction (excluding value-added tax) which is KRW 124,662,00 (excluding value-added tax) and construction cost of KRW 230,00,000 (excluding value-added tax) was entered into, among the reinforced concrete construction works (hereinafter “instant construction contract”).

C. According to the instant construction contract, the Plaintiff performed a construction project equivalent to KRW 300,978,245 (i.e., the period from February 2013 to April 28, 2013) (i.e., KRW 68,675,310 for April 232,302,302,935 for February and March), and received a total of KRW 199,517,38 from March 2013 to May 2013.

As of March 31, 2013 around April 27, 2013, the Defendants agreed to pay the sum of KRW 750,482,675 (i.e., the labor cost of KRW 590,700,000 for March and KRW 159,782,675) and the monthly payment (i.e., labor cost, expenses, material cost, etc.) to be paid by the Defendants for April and April (i.e., the instant settlement agreement) (hereinafter “instant settlement agreement”).

The subcontract was terminated as stated in the subsection.

[Reasons for Recognition] A. A. In the absence of a dispute, A., Nos. 1, 2, 4, 6, 7, 8, 9.

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