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(영문) 서울동부지방법원 2020.12.16 2018가단6878
공사대금
Text

1. The Defendant’s KRW 32,600,000 as well as 5% per annum from May 2, 2018 to December 16, 2020, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as a company engaged in the business of designing the interior design, developing designs, supervising construction works, etc., agreed upon with the Defendant, a company aimed at franchise business, etc. as follows, entering into an entrustment contract with the Defendant on the Internet PC interior services ordered by the Defendant:

The additional construction works occurring prior to the commencement of the main construction works shall be calculated and included in the total contract amount under the agreement of the plaintiff and the defendant.

With respect to an additional construction cost that occurs during or after the construction process, the plaintiff shall use the additional construction cost after calculating the amount in agreement with the defendant.

B shall be deemed not to have any cost, except for the additional construction parts not agreed upon with A.

Article 3

6. The plaintiff may pay any balance of the contract price only when he/she submits a certificate of the chain store owner and the certificate of performance of defect guarantee to the head office.

B. On September 22, 2017, the Plaintiff entered into a contract with the Defendant for the entrustment of the work with the price of KRW 38,500,000 (excluding value-added tax) for the Kimpo-si PC Work at Kimpo-si, and carried out the construction. The Plaintiff received KRW 30,000,000 from the Defendant, and issued the Defendant with the guaranty insurance policy for performance of the contract amount of KRW 42,350,000 (defect).

C. On September 28, 2017, the Plaintiff entered into an entrustment contract with the Defendant on the basis of the price of KRW 38,250,000 for Changwon-si PPC interior works, and received KRW 20,00,000,000, in total, for the additional construction works of the corridor door construction cost of KRW 300,000,000, in total, for the hallway door construction cost of KRW 300,250,00,000, in addition to the inside water supply, sewerage construction cost of KRW 80,000,000 (value-added tax separate), and received a written confirmation of completion of construction from the Changwon D Point E on January 8, 2018, but it was paid KRW 20,00,00.

On October 20, 2017, the Plaintiff is the Defendant.

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