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(영문) 서울동부지방법원 2018.09.11 2017가단110015
기타(금전)
Text

The defendant paid KRW 108,558,670 to the plaintiff and 6% per annum from February 6, 2017 to March 27, 2017.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence 1 to 7.

C Co., Ltd. contracted construction works, electrical construction works, etc. according to E’s relocation to the communications room, and D subcontracted the above construction to F.

B. F further subcontracted the said construction to the Plaintiff, and the Plaintiff subcontracted the part of the electrical construction, excluding construction works among subcontracted construction works, to the Defendant as follows.

(1) On May 20, 2012, the Plaintiff concluded a construction contract with the Defendant on May 20, 2012, setting the construction period from May 21, 2012 to December 20, 2012; and the contract amount as KRW 364,650,00 (including surtax).

After that, on January 18, 2013, the completion date of the above contract was changed to December 20, 2013, and on May 1, 2014, the contract was concluded to change the contract amount from May 1, 2014 to 18 history and to change the construction period from May 1, 2014 to December 31, 2014.

(2) On December 20, 2012, the Plaintiff and the Defendant concluded a construction contract, setting the construction period from December 20, 2012 to June 30, 2013, and the contract amount as KRW 431,69,510 (including surtax) with respect to electrical construction based on the removal from the third telecommunications room.

After that, on May 1, 2014, a contract was concluded to reduce the history of the construction subject to the said contract to 19 and to change the construction period to 282,150,000 won from May 1, 2014 to December 31, 2014.

C. On August 1, 2016, the Plaintiff and the Defendant drafted a written agreement on each of the existing electrical construction contracts as follows.

1.The 18th State office in progress of electrical construction among the said offices in question shall complete the responsible construction from the present contractor to the completion of the construction and settle with the ordering contractor (including the contractor).

2. The above-mentioned 20 U.S. stations are the parts on the construction works performed by the Plaintiff and the Defendant.

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