공사대금
1. The Defendant shall pay to the Plaintiff KRW 126,037,971 as well as 20% per annum from January 8, 2013 to the day of complete payment.
1. Determination as to the cause of claim
A. Facts of recognition 1) The Defendant is the Korea Coast Guard Co., Ltd. (hereinafter “instant construction”).
) Upon receiving the contract, the Plaintiff subcontracted the instant construction to the Plaintiff (the Defendant asserts that the Plaintiff subcontracted not only the entire instant construction, but also the soil and reinforced concrete construction among the instant construction.
However, the fact that the Plaintiff sub-subcontracts to sub-contractors for traffic safety construction, packing construction, and drums construction in addition to the above sub-soil construction and reinforced concrete construction, and that the Defendant paid the Plaintiff KRW 30,804,364 in total by additionally paying KRW 86,304,364 in excess of the total amount of the above sub-soil construction and reinforced concrete construction costs, etc. in excess of KRW 835,50,00,000,000, and paid KRW 866,304,364 in total due to other miscellaneous construction costs, etc. can be acknowledged without any dispute between the parties, or by taking into account the descriptions of evidence A No. 4
Therefore, we accept the Plaintiff’s assertion that all of the instant construction works were subcontracted.
(2) On September 201, 201, the Plaintiff entered into an agreement with the Defendant to enter into an agreement with the Plaintiff (Evidence A; hereinafter “instant agreement”) stipulating that “87% of the amount calculated by subtracting three major insurance premiums (excluding three major insurance premiums, employment insurance premiums, and retirement mutual-aid deposits) from the contract amount of the instant construction work (excluding value added tax)” as the construction cost (Evidence A; hereinafter “instant agreement”).
Meanwhile, inasmuch as the industrial accident insurance premium is KRW 15,903,365, employment insurance premium is KRW 3,489,905, and the retirement insurance premium is KRW 3,075,00, and the payment for retirement pension is KRW 1,248,216,605 under the instant agreement (i.e., KRW 1,324,727,272, KRW 132,472,728 - KRW 15,903,365 - KRW 3,489,905 - KRW 3,075,00) x 87%).
3 The Plaintiff received 866,304,364 won as the construction price from the Defendant during the period from December 6, 2011 to November 5, 2012.
In addition, with respect to the instant construction project, the Defendant shall pay KRW 255,874,300 to the subcontractor.