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(영문) 광주지방법원 2014.10.14 2013가단67582
양수금
Text

1. The defendant shall pay 35,00,000 won to the plaintiff and 20% per annum from December 3, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. (1) The non-party B Co., Ltd. (hereinafter “B”) entered into a joint supply and demand agreement with the Defendant (formerly changed: Sejong Co., Ltd.) (including D) on December 27, 201 and set up a joint supply and demand agreement with the Defendant (formerly changed: hereinafter “B”) to take charge of construction work for the total construction cost of KRW 506,826,00 (including value-added tax, KRW 319,287,170 of the construction cost of B who is the principal contractor, KRW 187,538,830 of the Defendant’s construction cost who is the secondary contractor, and KRW 187,538,830 of the construction cost) during the construction period from December 29, 201 to December 27, 2011; and the Defendant was awarded a contract for construction work by means of management work contract.

(2) From Naju on January 10, 2012, B received KRW 9,578,00 from Naju, and the Defendant received KRW 5,626,00 as the advance payment of the Da Sea Reclamation.

(3) On February 2, 2012, B and the Defendant entered into a joint contract agreement (the joint contract agreement is the evidence No. 3) with respect to the water disaster restoration work contracted as above from Naju City with respect to the following major contents:

Article 2 (Construction Management Fee and Work Apportionment) (1) of the 37% Section 2 of the 319,287,170 Section 2 of the 319,287,170 Section 37% Section 187,538,830 Section 1 of the 37% Section 37% Section 1 of the 377,538,830 Section 1 of the 2 of the 197 Section 2 of the 197 Section 1 of the 197 Section 2 of the 197 Section 2 of the 197 Section 2 of the 197 Section of the 197 Section 2 of the 197 Section 2 of the 197 Section 2 of the 197 Section 2 of the 22 contract amount

(2) Each person who places an order shall bear expenses incurred in the performance of his/her duties (a contract, an amount received, a design modification, etc.) and in performing such duties.

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