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Reasons
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(영문) 인천지방법원부천지원 2017.07.19 2016가단21768
공사대금
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1. The Defendant shall pay the Plaintiff KRW 110,00,000 and the interest rate of KRW 15% per annum from September 22, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On January 16, 2015, the Plaintiff and the Defendant concluded the instant construction contract (hereinafter “instant construction contract”) with the following content.

1. Field name: C;

2. Names of construction materials and goods: Safety materials; and

3. Period of delivery: From January 15, 2015 to April 31, 2015;

4. Contract amount: 335,500,000 won for public funds: Value-added tax of 305,000,000 won: 30,500,000 won; and

5. Supply standards: Safety Trape A-K-1.

6. Conditions of supply: Field installation map.

7. Delivery place: D in Chang-gu, Chang-si.

8. Other: The settlement of quantities during the additional work outside the terms of the contract, and the settlement after B application for Initiality [Article 2] The Plaintiff shall manufacture the materials in accordance with the terms of this contract and the design plans and specifications of the materials.

The plaintiff may not transfer or succeed to the rights and obligations arising from this contract to a third party without the consent of the defendant.

B. The Defendant paid the Defendant’s payment and the Plaintiff’s construction completion 1) on February 24, 2015, the Defendant paid KRW 25,500,000,000 to the Plaintiff on March 27, 2015, KRW 55,00,000, and KRW 115,50,000 on October 13, 2015.

C. On February 23, 2015, the Plaintiff issued an electronic tax invoice claiming that the Defendant pay KRW 120,000 (excluding value-added tax), KRW 105,000,000 (excluding value-added tax), KRW 110,000 on July 23, 2015 (excluding value-added tax), KRW 110,000 on August 31, 2015 (excluding value-added tax), and KRW 30,000 on June 30, 2016 (excluding value-added tax); 2) on June 24, 2016, the Plaintiff claimed that the Defendant pay KRW 10,000 (excluding value-added tax); and 30,000 on June 24, 2016.

3. Accordingly, on July 20, 2016 and September 2, 2016, the Defendant paid the remainder of the construction price in this case to the Plaintiff, “Plaintiff, Defendant, and Defendant E, to E Co., Ltd., and the Defendant agreed to pay the remainder of the construction price to the Plaintiff as the construction price. As such, the Defendant paid KRW 10,000,000 to E Co., Ltd. on April 13, 2015.

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