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(영문) 인천지방법원 2017.08.04 2015가단30915

약정금

Text

1. The Defendant’s KRW 39,669,715 as well as the Plaintiff’s annual rate from June 12, 2015 to August 4, 2017.

Reasons

Basic Facts

On April 10, 2012, the Plaintiff entered into a subcontract to supply sewage to the Incheon International Airport 2013 Long-term and Short-Term Parking Lot Improvement Project (excluding value-added tax; hereinafter the same shall apply) that the company received from the Incheon International Airport 2013 Incheon International Airport 395,500,000 won (in the absence of any special indication on the construction cost, the value-added tax shall be imposed separately).

On May 3, 2013, the Plaintiff re-subcontracted the instant construction works to the Defendant for landscaping construction (hereinafter “instant construction”) among the facility improvement works (hereinafter “instant construction”) at the cost of construction KRW 65 million.

On May 6, 2013, the defendant prepared a subcontract agreement stating that the construction work of this case is supplied to KRW 143,452,727 on the ground that the plaintiff did not possess a construction license related to landscaping while drawing up the contract and receiving the construction cost.

After the completion of the instant construction project, Dae Construction paid all the construction costs as prescribed in Paragraph 1 to the Defendant. 【The grounds for recognition’ have no dispute, 【The fact that there is no ground for recognition, the witness A and B’s testimony, and the purport of the entire testimony and pleading by the witness C, and the Plaintiff of the party asserting that there is a claim for reimbursement of the difference in the construction cost as prescribed in Paragraphs 1 and 3 is based on the following grounds. The Plaintiff re-subcontracted the instant construction work to the Defendant at KRW 65 million. However, the Plaintiff re-subcontracted the construction work to the Defendant, but the Plaintiff did not possess a license related to landscaping, and the Defendant completed the construction contract and received the construction cost directly with the Plaintiff. In this process, the payment of the construction cost under the contract with the Plaintiff among the construction cost received by the Defendant

Since there is an agreement to return the remainder after deducting the port, it shall be paid to the plaintiff.